Fireworks.
Any form of explosive or incendiary device designed to be
set off or lighted by flame or heat, and shall specifically include,
but not be limited to, roman candles, skyrockets, sparklers, firecrackers,
salutes, whistles, fuses, flares, torches, bottle rockets, skyrockets,
fire balloons, or any other type casing containing any propellant
charge or pyrotechnic effect.
Person.
Any natural person, association of persons, partnership,
corporation, agent or officer of a corporation and shall also include
all warehousemen, common and private carriers, bailees, trustees,
receivers, executors and administrators.
Pyrotechnic operator.
An individual who, by experience, training, and examination,
has demonstrated the necessary skill and ability for safely assembling,
discharging, and supervising public displays of fireworks 1.3G or
fireworks 1.4G, as defined in the Texas Occupations Code.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
It shall be unlawful for any person to sell, use, shoot, discharge,
explode, ignite, possess, or display any fireworks within the city
limits of the city, except as provided in this article.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
Public fireworks displays are permissible provided that all
state and local laws are met and a city permit is issued.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
The applicant for a city permit shall meet the insurance requirements
specified below as a prerequisite to obtaining a permit. Insurance
requirements for a public fireworks display shall include commercial
general liability insurance. All insurance shall name the city as
an additional insured and the insurance certificates shall provide
that the city shall be provided 30 days’ prior written notice
of cancellation or modification of coverage. Insurance shall include
a waiver of subrogation in favor of the city. The insurance provided
by the supplier/operator also shall name the sponsor as an additional
insured.
(1) Aggregate:
$3,000,000.00 combined single limit.
(2) Bodily
injury/property damage per occurrence: $1,000,000.00 combined single
limit.
(3) Personal
injury: $500,000.00.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
In order to conduct a public fireworks display, a person (applicant)
must obtain a permit from the city fire marshal at least thirty (30)
days prior to such proposed display. The applicant shall submit the
following with the permit application:
(1) Evidence
of compliance with:
(A) The International Fire Code;
(B) Texas Occupations Code chapter 2154, Regulation of Fireworks and
Fireworks Displays and 28 Texas Administrative Code section 34.800,
The Fireworks Rules;
(C) National Fire Protection Association Standards 1123, 1124 and 1126;
and
(D) Alcohol Tobacco and Firearms Federal Explosive Law and Regulations
and Department of Transportation Regulation 9;
(2) A
detailed plan for the date, location and use of pyrotechnics, including
a verification that all who assist with the display are at least 18
years of age, and that the pyrotechnic operator possesses the required
state license (i.e., pyrotechnic operator’s license and/or pyrotechnic
special effects operator’s license); and
(3) Permit
fee and contractor’s expenses (as required by fire marshal),
unless a city-sponsored event.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
The permit fee and contractor expenses provided in the fee schedule
are the responsibility of the permit applicant.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
The following requirements apply to all permitted public fireworks
displays:
(1) A
fire watch is required throughout the duration of the display;
(2) Two
- 2.5 gal pressurized water-type fire extinguishers shall be readily
available on site and within 20 feet of the pyrotechnics operator;
(3) No
pyrotechnic displays shall be performed after 10:30 p.m.;
(4) No
permit shall be granted to any applicant more than twice during any
calendar year;
(5) The
addition of pyrotechnics to a public display or any change in the
presentation of pyrotechnics indicated in the submitted plan, excluding
the reduction in the number or size of the devices, shall require
approval by the city fire marshal; and
(6) A
city fire department apparatus and/or necessary firefighter(s) are
required (as determined by fire marshal) to stand by 30 minutes prior
to the display, during the display, and 30 minutes after the display
has ended.
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
Any person authorized to enforce the provisions of this article
may issue immediate notice of violations to persons violating any
provision herein and such criminal violation shall be prosecuted as
a class C misdemeanor in the city municipal court and/or other court
of competent jurisdiction. Any person violating any provision of this
article shall, upon conviction, be fined a sum not exceeding five
hundred dollars ($500.00).
(Ordinance 244 adopted 11/16/1971; 1972 Code, secs. 11-42–11-46,
11-48, 11-49; Ordinance 261 adopted 9/4/1973; 1995 Code, secs. 93.20–93.24,
93.26, 93.27; Ordinance 4638 adopted 3/17/2015; Ordinance 4670 adopted 6/21/2016; Ordinance
adopting Code)
(a) General requirements.
Property annexed into the city
having a business selling fireworks shall have the following specifications
and requirements in order to operate the business after a unilateral
annexation:
(1) A business shall only operate within the confines of a permanent
structure with a minimum size of 1,000 square feet and not more than
5,000 square feet, located on a minimum of one acre;
(2) Structures must be connected to a permanent slab and not of a temporary
design;
(3) Structures that are movable by mechanical or manual means are excluded
from use;
(4) Business hours shall be no earlier than 9:00 a.m. and no later than
12:00 p.m.;
(5) There shall be no change in the scope of current operations, including
the size of the structure, hours of operation or the sale of products
on a retail basis;
(6) Product sales are limited to retail sales; no manufacturing or distributor
license operations are permitted;
(7) An amortization plan shall be implemented immediately upon annexation
to allow the use of the business for fireworks sales for a maximum
of seven years and eliminate the sale of fireworks at the end of the
amortization plan term;
(8) The maximum size of fireworks permitted to be sold shall be limited
to fireworks defined as fireworks, 1.4G (formerly class C, Common
Fireworks) as listed in the 2003 International Building Code;
(9) At the conclusion of each sales season, all residual product shall
be removed from the property.
(b) Structure requirements.
The structure shall comply immediately
with the following requirements after the effective date of the annexation:
(1) Emergency vehicle access on all sides of the building;
(2) Semi-annual fire inspections to coincide with each of the sales seasons;
(3) Emergency lighting, exits and exit signs shall be required in conformance
with the 2003 International Fire Code.
(1995 Code, sec. 93.25; Ordinance 3922 adopted 11/21/2006)