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.
Public fireworks display.
The igniting and shooting of fireworks for public amusement.
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.
(4) 
Medical: $5,000.00.
(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)