City of Hutto, TX FIREWORKS

It shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, offer to another or otherwise have in his possession with intent to store, keep, sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description, except under special permit as authorized by this article.

It shall be unlawful for any parent or guardian of any minor child below the age of eighteen (18) years to permit or allow such a minor child to store, transport, keep, use, discharge, ignite, detonate, fire or otherwise set in action any fireworks.

It shall be unlawful for any person to knowingly or intentionally encourage or in any way assist a person under eighteen (18) years of age to store, keep, use, discharge, ignite, detonate, fire or otherwise set in action, transport, possess or otherwise store any fireworks.

(d)

There shall be no fireworks displays allowed when the state forest service, the county or the city has declared “drought conditions” as set forth in Local Government Code section 352.051.

(Ordinance O-2022-004 adopted 2/10/22)

§ 10.04.003 Exceptions.

This article does not apply to:

Signal flares and torpedoes of the type and kind commonly used by any law enforcement agency, emergency service providers, railroad, including auto flares, and which signal flares and torpedoes are received by and stored or transported by any railroad or trucking company for use in railroad or trucking operations;

Paper caps containing not in excess of an average 0.25 of a grain of explosive content per cap manufactured in accordance with the interstate commerce regulations for packing and shipping as provided therein, including toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times;

(3)

Fireworks being transported through the city by railroad, or on a numbered state or U.S. Highway, by a licensed carrier; and

(4)

Fireworks being transported through the city or stored within the city in compliance with a valid permit issued by the city for a fireworks display, provided such transportation and storage shall only be valid for those permitted to transport and store the fireworks and so long as a valid permit has not expired or been revoked.

(Ordinance O-2022-004 adopted 2/10/22)

§ 10.04.004 Declaration of nuisance; enforcement.

The presence of any fireworks within the jurisdiction of the city in violation of this article is declared to be a common and public nuisance. Any opened fireworks items found to be in violation of this article will be deemed abandoned.

The police department is directed and required to seize all opened fireworks in violation of this article found within the jurisdiction and cause them to be safely destroyed, and the designated fire inspector or any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of fireworks and detain any opened fireworks found being transported illegally or to close any building where any fireworks are found stored illegally in accordance with the terms of this article.

Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city or the designated fire inspector or both for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the city and to aid the designated inspector in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of opened fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction.

(d)

The designated fire inspector or peace officer is authorized to enter any commercial, retail or manufacturing building or establishment where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks.

(Ordinance O-2022-004 adopted 2/10/22)

§ 10.04.005 Violations; penalty.

Any person who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in accordance with the general penalty in section 1.01.009 of this code.

Any person who manufactures, assembles or stores or who transports, receives, keeps, sells, offers for sale or has in his possession any fireworks within the city limits without a valid permit shall be fined in accordance with the general penalty in section 1.01.009 of this code. If the fireworks are separately wrapped or packaged, doing any act prohibited or omitting to do any act required by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this article continues with respect to any package of fireworks constitutes a separate offense.

Any person who uses, discharges, causes to be discharged, ignites, detonates, fires or otherwise sets in action any fireworks, without a permit as provided herein, in violation of the provisions of this article, is guilty of a separate offense for each act prohibited by this article. Upon conviction for the first offense the offender shall be fined an amount not to exceed $500.00. For each subsequent conviction within two years, the offender shall be fined an amount of not less than $500.00 and not more than $2,000.00 for each offense.

(Ordinance O-2022-004 adopted 2/10/22)

§ 10.04.006 Affirmative defenses.

Affirmative defenses.

It is an affirmative defense to prosecution for possession of fireworks brought under this article that:

The defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and

The fireworks were not in the passenger area of the vehicle.

“Passenger area” defined.

The “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. The term does not include:

A locked glove compartment or similar locked storage area;

The trunk of a vehicle; or

(3)

The area behind the last upright seat of a vehicle that does not have a trunk.

(Ordinance O-2022-004 adopted 2/10/22)

§ 10.04.007 Controlled displays.

Any person, company or other entity desiring to ignite fireworks in a controlled display must file an application with the city secretary at least thirty (30) days prior to the proposed display along with an application fee as provided in the fee schedule in appendix A of this code. The applicant must identify or provide:

The name of the person or company specifically licensed to ignite fireworks by the state;

The exact location upon which the display is intended to be held;

(3)

The date and time the display is proposed to be ignited;

(4)

The estimated duration of the display;

(5)

A copy of the state permit for a public fireworks display;

(6)

The types of fireworks to be ignited;

(7)

A copy of the operator’s state fireworks license;

(8)

The proposed trajectory and landing site of all fireworks that will be airborne;

(9)

The persons to transport the fireworks and the location, including duration, for which the fireworks are to be stored;

(10)

A safety plan for fire prevention and for the safety of persons and property at or near the display. The designated fire inspector shall review the application; and

(11)

Proof of insurance appropriate for the event.

With the recommendation of the designated fire inspector, the city manager or designee may issue a permit for controlled displays of fireworks. The fireworks display permitted may only be ignited as provided in the application and any restrictions added in the permit. At the time of the display, the designated fire inspector may request that the fire department be on standby at the site. As a requirement of the permit, the permittee may be charged the reasonable costs for the fire department being on standby status for the display.