Fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflageration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound or any tablet or other device containing an explosive substance, except that the term “fireworks” shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths (0.25) of a grain of explosive content per cap, and 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.
(1981 Code of Ordinances Chapter 1, Section 33)
A person may cast, throw, or fire fireworks meeting requirements of CPSC and DOT Consumer Fireworks definitions, except for small rockets (less than 4 gms propellant) within the city limits during the period of 10:00 a.m. until 10:00 p.m. and during the dates as established by the state. A display permit may be obtained (see Section 5.104) not applying the above time period.
(Ordinance 217 adopted 10/21/08; Ordinance 252 adopted 7/18/2023)
Any individual seeking to sale fireworks inside the city limits must be in compliance with the Texas Department of Insurance, State Fire Marshal's Office, Texas Occupations Code, chapter 2154 and Texas Administrative Code, section 34.800.
(Ordinance 244 adopted 12/21/21)
Applications for display permit shall be made in writing to the fire marshal at least ten (10) days in advance of the date of display. The permittee shall furnish a bond or certificate of insurance in a minimum amount of five thousand dollars ($5,000.00) for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors. Such applicant shall identify his previous experience in handling and discharge of fireworks or shall otherwise demonstrate to the reasonable satisfaction of the fire marshal his competency to handle said fireworks. In the event the fire marshal denies a permit to the applicant, said applicant may appeal the fire marshal’s decision to the city council by filing a written appeal with the city secretary requesting a hearing before the city council. Said appeal shall be heard by the city council not later than fifteen (15) days after the date of said written appeal is filed with the city secretary.
(1981 Code of Ordinances Chapter 1, Section 33)
A nonrefundable display permit fee as provided for in the fee schedule in the appendix of this code shall be assessed when such permit is requested.
(1981 Code of Ordinances Chapter 1, Section 33)