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:
Fire prevention officer.
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.
Fireworks.
Any combustible or explosive composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation.
Illegal fireworks.
A fireworks device manufactured, possessed, discharged, distributed, or sold in violation of this article or state law.
Person.
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)