Means and includes 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 shall include all articles or substances within the commonly
accepted meaning of fireworks whether herein specially designated
and defined or not.
Means and includes any natural person, association, association
of persons, partnerships, corporations, agent or officer of corporations,
and shall also include all warehousemen, common and private carriers,
bailees, trustees, receivers, executors and administrators.
(1983 Code of Ordinances, Chapter 13, Section 13-21)
It shall be unlawful for any person to manufacture, assemble,
store, transport, receive, keep, sell, offer or have in his possession
with intent to sell, use, discharge, cause to be discharged, ignite,
detonate, fire or otherwise set in action any fireworks of any descriptions.
(1983 Code of Ordinances, Chapter 13, Section 13-22)
This article shall not apply to signal flares and torpedoes
of the type and kind commonly used by any railroad and which signal
flares and torpedoes are received by and stored or transported by
any such railroad for use in railroad operations; nor shall this article
apply to signal flares or rockets used in fireworks displays by responsible
persons, clubs or organizations, within the territorial applicability
hereinafter outlined, when permission to stage any such fireworks
display shall be secured in advance by application to the city manager
and approval by such city manager at a place and time to be designated
by said city manager.
(1983 Code of Ordinances, Chapter 13, Section 13-23)
This article shall be applicable and enforced throughout the
territory of the city within its corporate limits.
(Ordinance 2009.01.19 adopted 1/19/09)
The presence of any fireworks within the jurisdiction of the
City of Friona in violation of this article is hereby declared to
be common and public nuisance. The fire marshal and the chief of police
are directed and required to seize and cause to be safely destroyed
any fireworks found within the jurisdiction in violation of this article
and any member of the fire prevention division of the fire department
of the city or any police officer of the City of Friona or any other
duly constituted peace officer is empowered to stop the transportation
of and detain any fireworks found being transported illegally until
the fire marshal can be notified in order that the said fireworks
may be seized and destroyed in accordance with the terms of this section.
Notwithstanding any penal provision of this article, the city
attorney is authorized to file suit on behalf of the city or the fire
marshal or both for injunctive relief as may be necessary to prevent
unlawful storage, transportation, keeping or use of fireworks within
the jurisdiction of the city and to aid the fire marshal in the discharge
of his duties and to particularly prevent any person from interfering
with the seizure and destruction of such fireworks, but it shall not
be necessary to obtain any such injunctive relief as a prerequisite
to such seizure and destruction. The fire marshal, chief of police
or any member of the fire prevention division of the city is hereby
authorized to enter any building where the unlawful presence of fireworks
is suspected in order to inspect the same for the presence of such
fireworks.
(1983 Code of Ordinances, Chapter 13, Section 13-24)
(a)
Any person who shall manufacture, assemble, store, transport, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks shall be fined in accordance with the general penalty provision in Section 1.109 of this code for each offense if the fireworks be separately wrapped or packaged, the doing or omitting to do any act prohibited by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks each day that a violation of this article shall continue with respect to any package of fireworks shall constitute a separate offense.
(b)
Any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks shall be fined in accordance with the general penalty provision in Section 1.109 of this code. Any parent or guardian of any minor child below the age of fourteen (14) who permits or allows such minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks shall be fined in accordance with the general penalty provision in Section 1.109 of this code.
(Ordinance 4-95 adopted 5/8/95)
Notwithstanding anything in this article to the contrary, the
one temporary sale of fireworks is permissible in the city limits
in an area accessible by the public by any person, retail or wholesale
business only in the following special circumstances:
(1)
A person or business desiring to sell fireworks or related firework
items in the city limits must apply for a permit to do so by completing
the legal sale of fireworks permit application, available at the city's
main office, 623 Main Street, Friona, Texas.
(2)
After the completed permit application and required information is
returned to the city's main office, the temporary permit for
sale of fireworks permit applications will be considered by the city
council at the next regularly scheduled city council meeting, so long
as the application and required information has been received prior
to the preparation of that meeting's agenda.
(3)
To obtain a temporary permit for sale of fireworks within the city
limits an applicant shall submit the application and information as
required in this section to the city and shall pay the required fee
of $50.00.
(4)
The application shall include the location to be used within the
city. The location description shall provide adequate information
for the city to determine that the location specified for the temporary
sale of fireworks will comply with this article and the adopted zoning
regulations.
(5)
A valid copy of the sales tax permit issued by the Texas Comptroller
of Public Accounts or the appropriate sales tax exemption documentation.
(6)
Permit holder shall maintain, at its sole cost and expense, the following
insurance protection covering its activities, in form and substance
satisfactory to sity: (A) general liability insurance coverage of
one million dollars ($1,000,000.00) combined single limit in the aggregate
and per occurrence, and (B) worker's compensation insurance coverage
for all employees employed by contractor with employers liability
of five hundred thousand dollars ($500,000.00). All insurance shall
be prepared and executed by the insurance company or its authorized
agents, shall contain a waiver of subrogation in favor of the city.
(7)
Any other documentation deemed necessary by the city manager to enforce
this article or otherwise protect the public health.
(8)
Only one temporary permit for sale of fireworks shall be allowed
per application during any twelve-month period and the period of the
permit shall be limited to 30 consecutive days.
(Ordinance 2022.04.11A adopted 4/11/2022)
