It shall be unlawful for any person, firm, or corporation to possess, keep, store, manufacture, assemble, handle, transport, receive, purchase or offer for sale, use or discharge, shoot, or ignite, within the limits of the City of Pottsboro, Texas, any fireworks in violation of this article.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.01; Ordinance 1493 adopted 10/2/2023)
The term "fireworks," as used in this article, shall mean and include any firecrackers, cannon crackers, skyrockets, torpedoes, roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and such term shall include all articles or substances within the commonly accepted meaning of fireworks whether herein specially designated or defined or not.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.02)
Fireworks as provided in this article may be used, shot, ignited, and displayed in open lots, or as a part of the conduct of a play, circus or similar entertainment, by public authorities or by private persons or organizations that have been granted a permit for such display by the city fire chief. Each application for such a permit shall be referred to the city fire chief who shall inspect said location. If said fire chief shall report that the location is unobjectionable from the standpoint of fire hazards and safety, the city fire chief may issue said permit upon the receipt of a permit fee as provided for in the fee schedule in the appendix of this code. Such permit may be granted for a period not to exceed six (6) days, and shall specify the name and address of the applicant or applicants, or the principal officers thereof if a corporation or association; the location where said fireworks are to be used; the exact time when such fireworks are to be used and the nature of the occasion; together with a list of the fireworks to be used. A copy of each permit shall be filed in the office of the city secretary.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.03)
The city fire chief may require an indemnity bond in the sum of five thousand dollars ($5,000.00) with good and sufficient sureties for payment of all claims that may arise by reason of injuries to persons or property from the handling, use or discharge of fireworks under such permit. Such bond will be taken in the name of the city and any person injured may bring an action on said bond in his own name to recover the damage sustained to person or property.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.04)
Fireworks to be used under such a permit shall not be stored, kept, or discharged within three hundred feet (300') of any gasoline pump, gasoline filling station or gasoline bulk station, or any structures other than motor vehicles in which gasoline or other volatile liquids are kept in quantities in excess of one (1) gallon.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.05)
This article shall not apply to articles used by railroads, or transportation companies, nor to high explosives used for blasting or similar purposes, when used solely for the necessary conduct of construction, transportation, manufacturing or industry, nor to the conduct of the affairs of the army, navy or militia.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.06)
Any violation in regards to Section 5.303 shall be deemed a Class C Misdemeanor punishable by a fine in accordance with the general penalty provision in Section 1.109 of this code.
(1996 Code of Ordinances, Chapter 5, Article 3.00, Section 3.07)