For the purposes of this article, the following words and terms
shall, when used, have the meanings given in this section:
Fireworks.
Any device that can be used to produce or intended for use
in obtaining visible or audible pyrotechnic display or a combination
of those by the combustion of explosive or flammable composition,
and includes any firecrackers, cannon crackers, skyrockets, torpedoes,
Roman candles, sparklers, squibs, fire balloons, star shells or any
other substance in whatever combination by any designated name, and
includes all articles or substances within the commonly accepted meaning
of fireworks, whether specifically designated and defined in this
section or not.
(Ordinance O-2022-004 adopted 2/10/22)
(a) 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.
(b) 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.
(c) 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)
This article does not apply to:
(1) 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;
(2) 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)
(a) 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.
(b) 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.
(c) 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)
(a) 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.
(b) 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.
(c) 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)
(a) Affirmative defenses.
It is an affirmative defense to
prosecution for possession of fireworks brought 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.
(b) “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:
(1) A locked glove compartment or similar locked storage area;
(2) 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)
(a) 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:
(1) The name of the person or company specifically licensed to ignite
fireworks by the state;
(2) 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.
(b) 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.
(c) The city, its agents, assigns and contractors, may sponsor city fireworks
displays with the express authorization of a majority vote of the
city council. The designated fire inspector and police chief shall
be notified of all city fireworks displays and shall review the proposed
ignition site, the proposed trajectory and the landing site for all
fireworks displays and make recommendations or proposals for any changes.
The city-sponsored fireworks displays shall be exempt from the permit
requirements. The designated fire inspector and police chief shall
be notified of the location for storage of fireworks and receive a
copy of the proper permit(s) for the display.
(d) All fireworks displays shall be operated and supervised by a person
qualified in pyrotechnic displays. All applications for permits must
include the name and qualifications of the person to operate and supervise
the fireworks display. Permits that are issued shall name the person
to operate and supervise the fireworks display.
(e) The city reserves the right to deny any application. The city reserves
the right, with or without notice, to revoke any fireworks permit.
All permits shall expire, and no longer be valid, immediately after
the fireworks display permitted was to occur.
(f) Only those persons issued a valid permit shall be permitted to transport,
store and ignite fireworks in compliance with a valid permit.
(Ordinance O-2022-004 adopted 2/10/22)