All definitions for fireworks and fireworks displays will be
taken from the Occupations Code of Texas, chapter 2154, sec. 2154.001.
(1959 Code, sec. 19-3; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-86; Ordinance
2005-O0141, secs. 42, 43, adopted 12/15/2005)
This article does not apply to the exemptions found in the Occupations
Code of Texas, chapter 2154, sec. 2154.002.
Editor’s note–See corresponding note located in Appendix A of this code.
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(1983 Code, sec. 11-87; Ordinance 2005-O0141, sec. 45, adopted 12/15/2005)
No person may manufacture, sell or give away fireworks, or store,
possess or use fireworks, unless:
(1) The fireworks are stored, possessed or used for public display purposes
and not for promotional or advertising purposes; and
(2) The requirements of this article are satisfied.
Editor’s note–See corresponding note located in Appendix A of this code.
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(1983 Code, sec. 11-88; Ordinance 2005-O0141, sec. 46, adopted 12/15/2005)
Violation of the provisions of this article is a misdemeanor
punishable by a fine not exceeding one thousand dollars ($1,000.00),
and in addition the fire marshal or fire chief may seize, remove or
cause to be seized or removed those fireworks offered or exposed for
sale or stored or possessed or transported in violation of this code.
(1983 Code, sec. 11-89; Ordinance 7510, sec. 1, adopted 8/11/1977; Ordinance 8835, sec. 2, adopted 10/10/1985; Ordinance 2005-O0141, sec. 47, adopted 12/15/2005)
Storage, use and handling of fireworks and pyrotechnic special
effects materials shall be in accordance with the fire code and as
required by state regulations listed under the Occupations Code of
Texas, chapter 2154.
Editor’s note–See corresponding note located in Appendix A of this code.
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(1983 Code, sec. 11-101; Ordinance 2005-O0141, sec. 49, adopted 12/15/2005)
No person may store, possess or use fireworks without first
obtaining a permit for that purpose from the fire marshal or fire
chief.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-94)
An applicant for a permit under this article shall, at least
fifteen (15) days before using fireworks, file with the fire marshal
or fire chief a completed permit application showing the:.
(1) Pyrotechnist’s:
(B) Proof of legal competency; and
(C) Record of previous experience with fireworks;
(2) Address of the proposed display;
(3) Amount, type and class of fireworks to be used;
(4) Address of the company supplying the fireworks;
(5) Date of proposed display;
(6) Starting and ending times of the proposed display;
(7) Diagram of the proposed display grounds, detailing:
(B) Location of buildings and highways on or adjoining the grounds;
(C) Spectator restraining lines; and
(8) Completed permit application to the state fire marshal, including
the surety bond or insurance coverage required by state law.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-95)
The permit fee for a the display of fireworks, including proximate
audience displays and pyrotechnic special effects in motion picture,
television, theatrical, and group entertainment productions, shall
be set annually in the city’s budget ordinance. If no fee is
established by budget ordinance, the fee shall be one hundred fifteen
dollars ($115.00) for each proposed public display or five hundred
dollars ($500.00) for an annual permit. The fire marshal or fire chief
shall have the authority to revoke or deny a permit under this article
if the permittee fails to pay such permit fee upon application for
such permit.
(1983 Code, sec. 11-103; Ordinance 7510-A, sec. 1, adopted 9/8/1983; Ordinance 2005-O0141, secs. 50,
51, adopted 12/15/2005; Ordinance 2011-O0036, sec. 35, adopted 4/14/2011)
The fire marshal or fire chief shall, within five (5) days from the date of the completion of the requirements in section
10.08.032 of this article, approve or refuse to approve issuance of a permit hereunder. If the fire marshal or fire chief refuses to approve issuance, he shall immediately send to the applicant, by certified mail, return receipt requested, a written statement explaining the basis of the refusal.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-96)
The fire marshal or fire chief shall refuse to approve issuance
of a permit under this article if the applicant:
(1) Intentionally makes a false statement as to a material matter in
the permit application;
(2) Is a fugitive from justice;
(3) Is under a felony indictment;
(4) Has been finally convicted of a felony offense within the five-year
period immediately preceding the filing of the application;
(5) Has been finally convicted of a misdemeanor violation of an explosives
law or regulation within the two-year period immediately preceding
filing of the application;
(6) Held a permit issued under this article, which permit was revoked
within the one-year period immediately preceding the filing of the
application;
(7) Fails to pay the required permit fee upon application for such permit.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-97; Ordinance
2011-O0036, sec. 36, adopted 4/14/2011)
If the fire marshal or fire chief refuses to approve the issuance
of a permit or revokes a permit issued under this article, that action
is final unless the applicant or permittee, within ten (10) days after
receiving a written notice of the action, files a written appeal with
the city secretary. Such appeal shall be heard by the permit and license
appeal board at its next regular meeting.
(1959 Code, sec. 19-5; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-98; Ordinance
8558, sec. 1, adopted 3/8/1984)
(a) A permit under this article is neither transferable nor assignable.
(b) A permit expires:
(1) On the expiration date shown on the permit;
(2) When the permittee completes the permitted activity;
(3) When the permittee abandons the permitted activity; or
(4) If the permittee is an employee conducting the permitted activity
within the course and scope of his employment, when his employer’s
permit expires or is revoked, whichever occurs first.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-99)
A permittee under this article shall:
(1) Upon request, make his permit available for inspection to a member
of the fire department, police officer or other authorized person;
(2) Notify the fire marshal or fire chief of the loss or destruction
of an unexpired permit, notice to be given immediately upon discovery
of the loss or destruction;
(3) Secure a replacement permit for that lost or destroyed;
(4) Comply immediately with the fire marshal’s or fire chief’s
order to dispose of fireworks which become hazardous during the performance
of the permitted activity; and
(5) Return his permit to the fire marshal or fire chief immediately upon
its expiration, together with a statement detailing the cause of expiration
and the disposition of unused fireworks.
(1959 Code, sec. 19-4; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-100)
(a) The fire marshal or fire chief shall revoke a permit under this article
if the permittee:
(1) Intentionally makes a false statement as to a material matter in
the permit application;
(2) Knowingly allows another to use his permit;
(3) Violates a term or condition of the permit;
(4) Fails within the applicable time period to comply with an order or
notice served on him under this article; or
(5) Fails to discharge a duty imposed on him by this division.
(b) The fire marshal or fire chief shall, within five (5) days from the
date of revocation, send to the permittee by certified mail, return
receipt requested, a written statement explaining the basis of the
revocation.
(1959 Code, sec. 19-5; Ordinance
7510, sec. 1, adopted 8/11/1977; 1983 Code, sec. 11-102)