"Fireworks" shall mean and include any combustible or explosive composition, or any substance 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 explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Dago bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include paper caps containing not in excess of an average of 0.25 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.
It shall be unlawful for any person to have, keep, store, use, manufacture, assemble, sell, handle, transport, receive, offer for sale, or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise put in action any fireworks of any description.
(Ordinance 3083 adopted 6/25/1957)
The presence of any fireworks within the city limits and within the areas immediately adjacent and contiguous to the city limits and extending for a distance outside the city limits for a total of 5,000 feet is in violation of this Chapter and is declared to be a nuisance.
(Ordinance 5776 adopted 6/23/1981; Ordinance 8777, sec. 1, adopted 1/12/2010)
The city attorney may file suit for injunction to enforce any of the provisions of this Chapter.
(Ordinance 3083 adopted 6/25/1957)
The above and foregoing provisions of this Chapter shall not apply to public displays of fireworks when conducted in accordance and compliance with all of the terms, conditions, requirements and provisions of V.A.T.S. Insurance Code, art. 5.43-4; to which Article and Section of the Penal Code reference is hereby expressly made for full particulars and for all other legal purposes.
(Ordinance 3288 adopted 7/2/1958)
The fire authority having jurisdiction shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this Chapter.
(Ordinance 5800 adopted 7/28/1981)
Any person who fails to comply with any of the requirements of this Chapter or who violates any of its provisions shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed $2,000.00.
(Ordinance 6791 adopted 9/22/1987)