The following definitions shall apply in the interpretation and enforcement of this article:
Fire marshal
means the person so appointed by El Paso County Emergency Services District #1.
Fireworks
means any composition or device containing a pyrotechnic composition or explosive materials designed for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation.
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, and does not include:
(1) 
A locked glove compartment or similar locked storage area;
(2) 
The trunk of the vehicle; or
(3) 
The area behind the last upright seat of a vehicle that does not have a trunk.
Permit official
means the building official or other designee of the mayor.
(Ordinance 0224, art. I, sec. I, adopted 11/10/15)
Except as otherwise provided by state law, 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 provided in section 1.01.009 of this code. Each occurrence shall be deemed to be a separate violation.
(Ordinance 0224, art. I, sec. V, adopted 11/10/15; Ordinance adopting Code)
(a) 
Enforcement generally; right of entry.
(1) 
The fire marshal and his designees shall have authority for the enforcement of this article, and are authorized to work with the building official in conjunction with the issuance of building permits within the city and all other duties of the building official.
(2) 
When it is necessary to make an inspection to enforce the provisions of this article or of an applicable technical code, or when there is reasonable cause to believe that there exists in a structure or upon premises [a condition] that is contrary to or in violation of an applicable technical code, any officer or person authorized with enforcement authority may enter the structure or premises, at all reasonable times and upon presentation of appropriate credentials, to inspect or to perform the duties imposed by such technical code or this article. If such structure or premises is unoccupied, the officer or person authorized with enforcement authority shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is denied or if a person in control of the premises cannot be located, the officer or person authorized with enforcement authority shall have every recourse provided by law to secure entry. Such recourse shall include the right to obtain a search warrant under the guidelines of the Texas Code of Criminal Procedure or other appropriate order of a court of competent jurisdiction as provided by law.
(3) 
Nothing in this section shall be construed to limit an officer’s ability to enter upon premises when a violation of this article or other law occurs in their presence and entry is made in accordance with state and federal law.
(b) 
Authority to place barricades at scene of emergency.
The fire marshal, his designees and other personnel authorized by El Paso County Emergency Services District #1, at the scene of an emergency situation within the city limits, shall have the authority to place ropes, guards, barricades, or other obstructions across any street or city right-of-way, so as to prevent accidents, injuries or interference with the lawful efforts of the fire department to manage and control the situation and to accommodate fire apparatus.
(Ordinance 0224, art. I, sec. IV, adopted 11/10/15)
(a) 
Prohibited acts.
It shall be unlawful for any person:
(1) 
Fireworks.
To possess, store, offer for sale, discharge, ignite, use or display any fireworks within the city limits.
(2) 
Open burning.
To engage in the open burning of trash, weeds, tires, wood, paper or any other type of materials, unless such person has obtained a permit from the fire marshal.
(3) 
Obstructing fire hydrant.
To allow the accumulation of any garbage, rubbish, refuse or other objects, pile(s) of dirt, weeds of any height, or grasses exceeding six (6) inches, within three (3) feet of a fire hydrant located on the person’s property or property under the control of the person, or to otherwise block, hinder or prevent the ready access to the hydrant.
(b) 
Fireworks displays.
A person may possess, use and discharge fireworks as part of a public or private display pursuant to a permit [issued by] the city as provided in section 5.02.005, and a permit issued by El Paso County Emergency Services District #1 if one is so required, and such permitted display shall be an exception to the prohibition in subsection (a)(1).
(c) 
Defenses.
It is an affirmative defense to prosecution for possession of fireworks under this article 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.
(Ordinance 0224, art. I, sec. II, adopted 11/10/15)
(a) 
Application; insurance.
The applicant (person or organization) seeking to obtain a city permit, in conjunction with a permit issued by El Paso County Emergency Services District #1, shall file an application with the permit official for such permit which shall provide the following information and pay the required fee in the amount set forth in the fee schedule adopted by city council:
(1) 
The name of the applicant.
(2) 
The permanent and (if any) local address of the applicant.
(3) 
A brief description of the proposed fireworks display.
(4) 
A description of the display site and the location(s) where spectators are likely to congregate to watch the display.
(5) 
Authorization to allow the display from the display site property owner.
(6) 
A copy of the permit issued by El Paso County Emergency Services District #1 for the display.
(7) 
Proof of general liability insurance in the amount of $1,000,000.00 per occurrence; provided, however, if the applicant wishes to use a city park or other city property for the display site, such insurance shall be in the amount of $5,000,000.00 per occurrence. A certificate of insurance shall be delivered to the issuing official prior to the issuance of the license. The city and its employees shall be named as additional insureds against any liabilities that may arise in connection with the display.
(b) 
Issuance or denial.
The permit shall be issued promptly after application but in all cases within five business days of completion of an application, unless it is determined within that time that:
(1) 
The applicant has made any statement in the application that is false, misleading or fraudulent, unless the applicant can demonstrate that such statement was made as the result of excusable neglect.
(2) 
The applicant fails to provide the insurance in the required form and amounts.
(3) 
The applicant fails to provide the required documentation under subsection (a).
(4) 
The applicant has requested to use a city park or other public space and has failed to comply with any ordinances or other processes necessary to obtain separate permission for such use.
(c) 
Appealofdenial.
In the event that the permit official determines that the permit may not be issued, the permit official will provide notice to the applicant, who may appeal the decision to the city council.
(Ordinance 0224, art. I, sec. III, adopted 11/10/15; Ordinance adopting Code)