The city offers a reward of one thousand dollars ($1,000.00)
to anyone who furnishes information to the fire marshal necessary
to and which results in the arrest and conviction of any person or
persons who commit the crime of arson within the corporate limits
of the city. This reward is a standing offer and shall be paid out
of the general fund of the city. The city council shall be the sole
and exclusive judge in determining eligibility for the reward offered
herein.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21)
The fire marshal is authorized to publish the notice of arson
reward on the city’s website, social media, news print or other
media as the situation or need arises.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21)
(a) The transporting,
storing, possession or presence of any fireworks (except for the purpose
of offering fireworks for sale in the territorial jurisdiction of
the city), including types covered by Texas Occupation Code chapter
2154, within the city or the territorial jurisdiction of the city,
being the area immediately adjacent and contiguous to the city limits
and extending outside the city limits for a distance of five thousand
(5,000) feet in all directions, unless such area is within the corporate
limits of another municipality, is hereby declared to be a nuisance.
The offering for sale of any fireworks within the city limits is hereby
declared to be a nuisance; however, the offering for sale of any fireworks
in the territorial jurisdiction of the city shall not be considered
a nuisance.
(b) The fire
chief shall seize and cause to be destroyed all fireworks that are
opened or unpackaged and found within the city or its territorial
jurisdiction in violation of the provisions of this section.
(c) Any member
of the fire department, any police officer, or any other peace officer,
is empowered to detain all fireworks that are opened or unpackaged
and found being transported illegally or to close any building where
any fireworks are found stored illegally, until the fire department
can be notified in order that such fireworks that are opened or unpackaged
may be seized and destroyed in accordance with the terms of this section.
(d) Notwithstanding
any penal provisions hereof, the city attorney is authorized to file
suit on behalf of the city for such injunctive relief as may be necessary
to prevent unlawful storage, transportation, keeping or using of fireworks
within the city limits or the territorial jurisdiction of the city,
and to prevent any person from interfering with the seizure and destruction
of such fireworks; provided, however:
(1) That
it shall not be necessary to obtain such injunctive relief as a prerequisite
to such seizure and destruction.
(2) That
any member of the fire department is hereby authorized to enter any
building, in accordance with applicable laws governing the right to
entry, search and seizure, where the unlawful presence of fireworks
is suspected in order to inspect the same for the presence of such
fireworks.
(3) That
in any instance, where the fire chief or any of his duly authorized
assistants have probable cause to believe that fireworks are being
stored in a building, they shall, in accordance with applicable laws
governing the right to entry, search and seizure, promptly enter the
building for the purpose of inspection.
(e) Any person,
firm, corporation, company or association who shall violate any of
the provisions of this section, or suffer or allow the same to be
violated, shall be deemed guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine not to exceed two thousand dollars
($2,000.00), and each day during which such violation shall continue
to exist shall constitute a separate and distinct offense.
(f) It is
an affirmative defense to prosecution for possession of fireworks
under this section that:
(1) The
defendant was operating or was a passenger in a motor vehicle that
was being operated in a public place; and
(2) The
fireworks were not in the passenger area of the vehicle.
(g) For purposes of subsection
(f), the “passenger area” of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include:
(1) A locked
glove compartment or similar locked storage area;
(2) The
trunk of a vehicle; or
(3) The
area behind the last upright seat of a vehicle that does not have
a trunk.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-16-027 adopted 10/13/16; Ordinance
O-21-029 adopted 10/21/21)
The use, firing, igniting, shooting, exploding or discharge of fireworks as provided in section
8-3 is hereby found and declared to be a general and public nuisance and the same is hereby prohibited; provided, this section shall not prohibit lawfully authorized pyrotechnic displays.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21)
(a) Collection
of fees:
(1) The
city council authorizes the city manager to adopt charges to be billed
against parties involved in motor vehicle accidents, hazardous waste
or chemical spills, or other fire suppression and non-fire suppression
activities to which the city responds with fire department equipment
and/or personnel. These charges may be billed as a debt to the party
causing the event; the landowner; the party controlling the premises
in the event of a spill or dumping and/or the party transporting said
hazardous, dangerous and/or injurious product; or the party controlling
the premises in the event of a fire. Fire suppression activities resulting
from third party negligence may be billed against that third party.
Fire suppression resulting from arson may be billed against the arsonist.
(2) The
city manager, or his designee, shall bill and collect all fees and
costs for fire suppression services, fire prevention services and
for other public safety and emergency services rendered by the department
when providing these services for motor vehicle accidents or other
incidents. Such fees include but are not limited to the use of equipment,
materials, labor and overtime costs, maintenance and overhead expenses
and costs of whatever nature which constitute full reimbursement to
the fire department for services actually rendered and as hereafter
authorized.
(3) Within
one hundred eighty (180) days of the date of providing fire suppression,
fire prevention and protection services or other public safety and
emergency services for the motor vehicle accidents or other incidents,
the city manager, or his designee, shall submit an invoice for all
costs, fees, charges and expenses related to providing such services,
to include but not limited to all actual expenses including costs
of equipment operations, cost of material utilized, costs of specialists,
experts or other contract labor not in the full time employment of
the city; labor and overtime costs, and other incidental costs incurred
by the city as a result of the incident, to the landowner, party controlling
the premises, party causing the incident, customer, client, owner,
designated agent, representative and/or insurance company who received,
covered and/or otherwise benefited from these services.
(4) Any
bills, fees or penalties, including but not limited to clean up costs,
fees or expenses that are imposed the city or the fire department
by any local, state or federal agency, related to the rendering of
fire suppression, fire protection or prevention services or of other
public safety and emergency services may be included in the billing
or billed separately within one hundred eighty (180) days of receipt.
(b) Enforcement.
The city may enforce the provisions of this section by any action
allowed by law for the collection of any amounts due hereafter, including
reasonable and necessary attorney fees, costs, and expenses, in a
court of competent jurisdiction.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21)
(a) Definitions:
False alarm.
The activation of any fire alarm system subject to this section
which results in a response by the fire department and which is caused
by:
(1)
Intentional or unintentional misuse of the fire alarm system
by the owner, its employees, agents, or occupants;
(2)
Activation of a fire alarm system not caused by heat, smoke
or fire, including activations caused by the mechanical failure, malfunction,
improper installation, or lack of proper maintenance; or
(3)
Any other alarm activation for which the fire department personnel
are unable to determine the apparent cause of the activation.
(4)
Excluded from the definition of false alarm is:
(A)
Alarms caused by actions of a communications service provider;
(B)
Alarms caused by power outage of more than four (4) hours, severe
weather, or other natural disaster;
(C)
Alarms activated after the fire alarm business has, in good
faith, provided advanced notice to the 911 dispatch center that the
fire alarm system would be undergoing installation or modifications
and maintenance that could trigger a false alarm signal; and
(D)
Multiple fire alarms within a twenty-four (24) hour period that
could be considered as one (1) alarm with resulting corrective action
being taken by the owner or alarm system service provider.
(b) Any person,
firm, or corporation having any type of fire alarm shall not be charged
a fee for the first three (3) false alarms responded to by the fire
department within a calendar year; however, said owner shall be charged
for each subsequent alarm:
(1) $50.00
(fifty and no/100 dollars) for the fourth (4th) through sixth (6th)
false alarm;
(2) $75.00
(seventy-five and no/100 dollars) for the seventh (7th) through the
ninth (9th) false alarm; and
(3) $100.00
(one hundred and no/100 dollars) for any subsequent false alarm(s)
responded to thereafter within a calendar year.
(c) Fees will
be charged on all false alarms, regardless of whether the alarm is
monitored by the city.
(d) All false
alarm fees will be calculated and invoiced quarterly. Payments for
false alarm fees shall be due within thirty (30) days of invoice date.
Any person delinquent by more than fifteen (15) days in the payment
of false alarm fees charged hereunder may be disconnected from alarm
monitoring service. Disconnection from alarm monitoring service may
result in violation of the fire code and is subject to enforcement.
(Ordinance O-23-002 adopted 1/5/2023)