The following words, terms, and phrases, when used in this article
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The chief of the fire department, the fire marshal, the county
fire marshal, the sheriff, a constable or any other local enforcement
officer primarily responsible for fire prevention.
Any combustible or explosive composition or device designed
to produce a visible or audible effect by combustion, explosion, deflagration
or detonation.
A fireworks device manufactured, possessed, discharged, distributed,
or sold in violation of this article or state law.
A natural or legal person, parent, guardian, association,
firm, or company, whether incorporated or unincorporated.
(Ordinance 2011-29 adopted 8/11/11)
Any person violating any of the provisions of this article shall
be deemed guilty of a misdemeanor and, upon conviction shall be subject
to a fine not to exceed the sum of $2,000.00 for each offense, and
each and every day any such violation shall continue shall be deemed
to constitute a separate offense. The penal provisions imposed under
this article shall not preclude the city from filing suit to enjoin
the violation.
(Ordinance 2011-29 adopted 8/11/11)
Except as provided herein, it shall be unlawful for any person
to possess, discharge, manufacture, sell or offer for sale any fireworks,
or to permit any such violation of this article.
(Ordinance 2011-29 adopted 8/11/11)
This article excludes from the general prohibition of fireworks
the following items:
(1)
Toy
pistols, toy canes, toy guns or other devices that use paper or plastic
caps that are packed and shipped according to the applicable regulations
of the United States Department of Transportation;
(2)
Model
rockets and model rocket motors designed, sold, and used for the purpose
of propelling recoverable aero models;
(3)
Propelling
or expelling charges of a mixture of sulfur, charcoal and potassium
nitrate;
(4)
Novelties
and trick noisemakers;
(5)
The
sale, at wholesale, of any type of fireworks by a resident manufacturer,
distributor, importer, or jobber if the fireworks are intended for
shipment directly out of state in accordance with the regulations
of the United States Department of Transportation;
(6)
The
sale, and use in emergency situations, of pyrotechnic signaling devices
or distress signals for marine, aviation or highway use;
(7)
The
use of fuses and railroad torpedoes by railroads;
(8)
The
sale of blank cartridges for use in radio, television, film or theater
productions, for signal or ceremonial purposes in athletic events,
or for industrial purposes;
(9)
The
use of any pyrotechnic device by military organizations;
(10)
Public displays for the igniting of class B fireworks for public
or private amusements, provided that the person who assembles, conducts,
and supervises such displays must have a pyrotechnic operator’s
license issued by the state and a public display license, if applicable,
in accordance with the provisions of Texas Occupations Code, chapter
2154.
(Ordinance 2011-29 adopted 8/11/11)
The presence of any fireworks in violation of this article is
hereby declared to be a public nuisance and any fire prevention officer
is authorized and directed hereby to seize and safely destroy any
fireworks found within the jurisdiction of the city as set forth herein.
If, in the opinion of any fire prevention officer, the presence of
fireworks creates an imminent danger, such fire prevention officer
shall be authorized to close any building or premises where such fireworks
are stored and/or direct that person having charge of such fireworks
to remove the same or store them in such a manner as to prevent such
danger. The presence of any fireworks in violation of this article
or in a manner not authorized by state law is hereby declared to be
a public nuisance, and any fire prevention officer is hereby directed
to seize and store any such fireworks found within the jurisdiction
of the city. The city attorney and city manager are authorized to
initiate legal proceedings on behalf of the city for such injunctive
relief as may be necessary to prevent violation of this provision
and to abate the public nuisance.
(Ordinance 2011-29 adopted 8/11/11)
This article shall be applicable within the corporate limits
of the city and further within the area immediately contiguous and
adjacent to the city limits, extended for a total distance of 5,000
feet; provided, however, that this article shall not apply within
any portion of said 5,000-feet area which is contained within the
territory of any other municipal corporation.
(Ordinance 2011-29 adopted 8/11/11)
