All definitions for fireworks and fireworks displays shall be as stated herein. Undefined terms shall be as defined in the Occupations Code of Texas, chapter 2154, section 2154.001.
Distributor.
A person who:
(1) 
Imports fireworks; or
(2) 
Sells fireworks to:
(A) 
A jobber, retailer, or other distributor for resale; or
(B) 
A holder of a single public display permit, a multiple public display permit, or another fireworks permit.
Fireworks.
A composition or device:
(1) 
Designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation; and
(2) 
As defined by 49 C.F.R. section 173.56(j) (1996).
Fireworks 1.3G.
A large fireworks device:
(1) 
Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation; and
(2) 
Classified as a 1.3G explosive in 49 Code of Federal Regulations part 173 (1996).
Fireworks 1.4G.
A small fireworks device:
(1) 
Primarily designed to produce visible or audible effects by combustion, deflagration, or detonation;
(2) 
That complies with the construction, labeling, and chemical composition requirements of the United States Consumer Product Safety Commission in 16 C.F.R. part 1507 (1996), or the most recently adopted version of that rule; and
(3) 
That is classified 49 C.F.R. part 173 (1996).
Jobber.
A person who purchases fireworks only for resale to retailers.
Manufacturer.
A person, firm, corporation, or association who makes fireworks.
Person.
An individual or entity, including an owner, manager, officer, employee, or occupant.
Public display.
The igniting of fireworks 1.3G for public or private amusement.
Pyrotechnic operator.
An individual who, by experience, training, and examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of fireworks 1.3G or fireworks 1.4G.
Sale.
Selling or offering for sale merchandise, equipment, or service, at wholesale or retail, to the public or to any person, for an agreed sum of money or other consideration.
(Ordinance 220, sec. 1.01, adopted 7/24/17)
This article does not apply to:
(1) 
A toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets, strips, rolls, or individual caps that contain not more than an average of 25 hundredths of a grain of explosive composition per cap and that is packed and shipped under 49 C.F.R. part 173 (1996);
(2) 
A model rocket or model rocket motor designed, sold, and used to propel recoverable aero models;
(3) 
A propelling or expelling charge consisting of a mixture of sulfur, charcoal, and potassium nitrate;
(4) 
Novelties or trick noisemakers;
(5) 
The sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor, importer, or jobber if the fireworks are intended for shipment directly out of state;
(6) 
The sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for aviation, or highway use;
(7) 
The use of a fuse or a railway torpedo by a railroad;
(8) 
The sale of blank cartridges for:
(A) 
Use in a radio, television, film, or theater production;
(B) 
A signal or ceremonial purpose in an athletic event; or
(C) 
An industrial purpose; or
(9) 
The use of a pyrotechnic device by a military organization.
(Ordinance 220, sec. 1.02, adopted 7/24/17)
No person may manufacture, sell or give away fireworks, or store, possess or use fireworks, unless:
(1) 
The fireworks are stored, possessed or used for public display purposes and not for promotional or advertising purposes; and
(2) 
The requirements of this article are satisfied.
(Ordinance 220, sec. 1.03, adopted 7/24/17)
Storage, use and handling of fireworks and pyrotechnic special effects materials shall be in accordance with the fire code and as required by state regulations listed under the Occupations Code of Texas, chapter 2154.
(Ordinance 220, sec. 1.09, adopted 7/24/17)
Violation of the provisions of this article is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00), and in addition the fire marshal or fire chief may seize, remove or cause to be seized or removed those fireworks offered or exposed for sale or stored or possessed or transported in violation of this article.
(Ordinance 220, sec. 1.03, adopted 7/24/17)
No person may store, possess or use fireworks without first obtaining a permit for that purpose from the fire chief of the city fire department.
(Ordinance 220, sec. 1.04, adopted 7/24/17)
An applicant for a permit under this article shall, before using fireworks, file with the fire chief a completed permit application showing the:
(1) 
Pyrotechnist’s:
(A) 
Business address;
(B) 
Proof of legal competency; and
(C) 
Record of previous experience with fireworks;
(2) 
Address of the proposed display;
(3) 
Amount, type and class of fireworks to be used;
(4) 
Address of the company supplying the fireworks;
(5) 
Date of proposed display;
(6) 
Starting and ending times of the proposed display;
(7) 
Diagram of the proposed display grounds, detailing:
(A) 
Firing points;
(B) 
Location of buildings and highways on or adjoining the grounds;
(C) 
Spectator restraining lines; and
(D) 
Overhead obstructions;
(8) 
Completed permit application to the state fire marshal, including the surety bond or insurance coverage required by state law.
(Ordinance 220, sec. 1.05, adopted 7/24/17)
The fire chief shall within a reasonable time not to exceed five days following completion of the requirements in the preceding sections of this article, approve or refuse to approve issuance of a permit hereunder. If the fire chief refuses to approve issuance, he shall immediately send to the applicant, by certified mail, return receipt requested, a written statement explaining the basis of the refusal.
(Ordinance 220, sec. 1.06, adopted 7/24/17)
The fire chief shall refuse to approve issuance of a permit under this article if the applicant:
(1) 
Intentionally makes a false statement as to a material matter in the permit application;
(2) 
Is a fugitive from justice;
(3) 
Is under a felony indictment;
(4) 
Has been finally convicted of a felony offense within the five-year period immediately preceding the filing of the application;
(5) 
Has been finally convicted of a misdemeanor violation of an explosives law or regulation within the two-year period immediately preceding filing of the application;
(6) 
Held a permit issued under this article, which permit was revoked within the one-year period immediately preceding the filing of the application.
(Ordinance 220, sec. 1.07, adopted 7/24/17)
If the fire chief refuses to approve the issuance of a permit or revokes a permit issued under this article, that action is final unless the applicant or permittee, within ten (10) days after receiving a written notice of the action, files a written appeal with the city secretary. Such appeal shall be heard by the city council at its next regular meeting.
(Ordinance 220, sec. 1.08, adopted 7/24/17)
(a) 
A permit under this article [is] neither transferable nor assignable.
(b) 
A permit expires:
(1) 
On the expiration date shown on the permit;
(2) 
When the permittee completes the permitted activity;
(3) 
When the permittee abandons the permitted activity; or
(4) 
If the permittee is an employee conducting the permitted activity within the course and scope of his employment, when his employer’s permit expires or is revoked, whichever occurs first.
(Ordinance 220, sec. 1.09, adopted 7/24/17)
(a) 
The fire marshal or fire chief shall revoke a permit under this article if the permittee:
(1) 
Intentionally makes a false statement as to a material matter in the permit application;
(2) 
Knowingly allows another to use his permit;
(3) 
Violates a term or condition of the permit;
(4) 
Fails within the applicable time period to comply with an order or notice served on him under this article; or
(5) 
Fails to discharge a duty imposed on him by this article.
(b) 
The fire chief shall, within five (5) days from the date of revocation, send to the permittee by certified mail, return receipt requested, a written statement explaining the basis of the revocation.
(Ordinance 220, sec. 1.10, adopted 7/24/17)
The permit fee for the display of fireworks shall be one hundred dollars ($100.00) for each proposed public display.
(Ordinance 220, sec. 11-103, adopted 7/24/17)