[1]
Editor’s note–See corresponding note located in Appendix A of this code.
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.
(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.
(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)
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:
(A) 
Business address;
(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:
(A) 
Firing points;
(B) 
Location of buildings and highways on or adjoining the grounds;
(C) 
Spectator restraining lines; and
(D) 
Overhead obstructions;
(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 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 permit fee shall be one thousand and five hundred dollars ($1,500.00) for each display of fireworks. 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; Ordinance 2025-O0112 adopted 9/9/2025)
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)