For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
The City of Jacksboro, Texas, with administrative offices
at 112 West Belknap Street, Jacksboro, Texas 76458.
Any combustible or explosive composition, or any substances
or combination of substances, or article, prepared for the purpose
of producing a visible or an audible effect by combustion, explosion,
deflagration or detonation, and shall include blank cartridges, toy
pistols, toy cannons, toy canes, or toy guns in which any such explosives
are used, the type of unmanned balloons which require fire underneath
to propel the same, firecrackers, lady fingers, torpedoes, skyrockets,
Roman candles, day-glo bombs, sparklers, or other devices containing
any such explosive substance. The term "fireworks" shall not include
toy pistols, toy canes, toy guns or other devices in which paper plastic
caps manufactured in accordance with the United States Department
of Transportation regulations for packing and shipping of toy paper
or plastic caps are used and such toy paper or plastic caps are manufactured
as provided therein except that no toy paper or plastic cap shall
contain more than twenty-five hundredths of a grain of explosive composition
per cap. Each package containing toy paper or plastic [caps] offered
for retail sale shall be labeled to indicate the maximum explosive
content per cap. The sale and use of these toy paper or plastic caps
shall be permitted at all times. Nothing in this definition shall
be construed as applying to the manufacture, storage, sale, or use
of signals necessary for the safe operation of railroads or other
classes of public or private transportation, nor applying to the military
or naval forces of the United States or of this state, or to peace
officers. Nothing in this definition shall be construed as forbidding
the sale and use of blank cartridges for ceremonial, theatrical or
athletic events.
Any individual, firm, organization, partnership, unincorporated
association or corporation.
The selling, offering to sell, exhibiting, or possessing
with intent to give away, sell, or offer to sell within the city or
within 1,000 feet of the city limits.
Purchasing, possessing, setting off or otherwise causing
the [to] explode or discharge or burn, any firecrackers, torpedo,
rocket, or other fireworks or explosives of inflammable material,
or to discharge them or throw them from land, air, or highway into
any area of the city. This prohibition includes any substance, compound,
mixture, or article that in conjunction with any other substance or
compound would be dangerous from any of the foregoing standpoints.
This provision shall also mean and include casting, throwing, lighting,
or firing any squib, rocket, cracker, torpedo, cap or cartridge, or
other fireworks or combustible firecrackers of any kind.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(A))
(a)
No
person, firm or corporation shall store fireworks within the city
limits, or within 1,000 feet of the city limits, except if necessary
for the performance of a public exhibition to be held pursuant to
a permit issued as hereinafter provided or by special provisions so
directed by the city manager at activities approved by and under the
supervision of the fire chief.
(b)
Storage
of fireworks for a public exhibition shall be in a safe place, securely
locked or guarded so that no child or unauthorized person shall have
access thereto, and shall be protected from fire hazards. The fire
chief of the city shall inspect the storage to determine whether it
complies with the terms of this section.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(B))
No person, firm or corporation shall sell fireworks within the
city limits or within 1,000 feet of the city limits.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(C))
No person, firm or corporation shall discharge or use fireworks
within the city limits, except at a public exhibition held pursuant
to a permit issued as provided hereinafter.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(D))
A permit for a public display of fireworks shall be issued by
the city manager, after examination of the proposal by the fire chief.
No such permit shall be issued if it appears from the information
available to the fire chief and to the city manager that there are
substantial dangers to people or property due to the location, the
type of fireworks proposed or the proposed procedures to be used.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(E))
Any violation of this article is hereby declared to be a nuisance.
In addition to any other relief provided by this article, the city
attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this article. The
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunctions.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(F))
Notwithstanding anything stated in this article to the contrary,
any person possessing, setting off or otherwise causing the explosion
or discharge of firecrackers for agricultural purposes is hereby exempted
from this article, if the explosion or discharge is under the following
conditions:
(1)
The
explosion or discharge is solely for agricultural purposes;
(2)
The
explosion or discharge is on property having an agricultural exemption
for ad valorem taxes granted by the Jack County Appraisal District
at the time of the explosion or discharge;
(3)
The
amount of property on which the explosion or discharge occurs is no
less than 13 acres.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(G))
Any person, firm or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction in the municipal court of the city, or any other court
of proper jurisdiction, shall be subject to a fine not to exceed the
sum of $500.00 for each offense, except, however, where a different
penalty has been established by state law for such offense the penalty
shall be that fixed by state law, and for any offense which is a violation
of any provision of law that governs fire safety, zoning, or public
health and sanitation, including dumping of refuse, the penalty shall
be a fine not to exceed the sum of $4,000.00 for each offense; and
each and every day said violation is continued shall constitute a
separate offense.
(Ordinance 5-4-02 adopted 5/14/2002; 1997 Code, sec. 130.03(I); Ordinance adopting 2023 Code)
