As used in this article, “fireworks” means any composition or device designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation as defined by the Texas Occupations Code, chapter 2154 and 28 TAC 34.800, as amended.
(2001 Code, sec. 5.401; Ordinance adopting Code)
Any person violating any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each day a violation exists shall constitute a separate offense.
(2001 Code, sec. 5.407)
(a) 
Declaration of nuisance.
Except as otherwise provided herein, the explosion of any fireworks is deemed to be a nuisance as defined in section 8.02.001 of this code.
(b) 
Offense.
A person commits an offense if the person sets off, ignites, discharges, or in any manner causes the explosion of any fireworks within the corporate limits of the city.
(2001 Code, secs. 5.402, 5.403)
A person commits an offense if the person sells fireworks, at retail or wholesale, within the corporate limits of the city.
(2001 Code, sec. 5.405; Ordinance adopting Code)
(a) 
Notwithstanding section 5.06.004 of this article, a person may apply for a permit to conduct a public display of fireworks. A person shall submit an application for a permit, together with a fee as provided for in the fee schedule found in appendix A of this code, at least fourteen days prior to the date of the proposed display. The application shall be submitted on a form prepared by the city.
(b) 
The fire code official shall approve the application and issue a permit if he finds that:
(1) 
The applicant has filed with the city a certificate showing the applicant has secured, for the term of the permit, a policy providing for public liability insurance, and with minimum limits of one million dollars as the combined single limit for each occurrence of bodily injury, personal injury and property damage;
(2) 
An agreement to indemnify and hold harmless the city for damages and liability caused by the negligence of the permittee, its officers, agents and employees or the city, its officers and employees;
(3) 
The display shall meet the requirements of the edition of the International Fire Code currently adopted by the city and the laws of the state.
(c) 
If the fire chief denies or refuses to issue a permit under this section, the applicant may appeal the decision to the city manager within ten days of the denial by giving written notice. The city manager shall consider the appeal.
(2001 Code, sec. 5.406; Ordinance adopting Code)