The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks
means and includes any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance 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 specifically designated or not.
Person
means and includes any natural person, association of persons, partnership, corporation, agent or officer of a corporation, and shall include warehousemen, and common and private carriers.
(Ordinance 010321, sec. 1, adopted 3/20/2001)
It shall not be unlawful, upon being issued a permit by the city, for any person engaged in any organized theatrical performance, circus, or other show designated for the amusement and edification of the general public to use, discharge, or cause to be discharged, any fireworks as a part of the performance, or circus, so long as such person does not also engage in the retailing, wholesaling or distribution of any of such fireworks.
(Ordinance 010321, sec. 3, adopted 3/20/2001)
It shall be lawful to transport fireworks 1.4G, as defined in V.T.C.A., Occupations Code section 2154.001, by motor vehicles which meet the Interstate Commerce Commission requirements for transporting ICC Class C Common Fireworks and equipped with at least one ten pound fire extinguisher for extinguishing type B fires, along and upon highways within the city limits.
(Ordinance 010321, sec. 4, adopted 3/20/2001)
This article shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroads, which signal flares and torpedoes are received by and stored or transported by any railroad for use in railroad operation; nor shall this article apply to any marine signal flare or rocket of the type and kind commonly carried by a vessel at sea for its own use and which is transported or received or stored for use only as ship's stores; nor shall this article apply to signal flares or rockets for military or police use.
(Ordinance 010321, sec. 5, adopted 3/20/2001)
The presence of any fireworks within the jurisdiction of the city in violation of this article is hereby declared to be a common and public nuisance. Any duly authorized police officer or duly constituted peace officer is empowered to stop the illegal transportation or the manufacture, assembly, storage, sale or discharge of any fireworks within the city limits and to seize and destroy any fireworks found in violation of this article. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city for such injunctive relief as may be necessary to prevent unlawful manufacture, assembly, storage, transportation, sale or discharge of fireworks within the jurisdiction of the city, and to 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.
(Ordinance 010321, sec. 6, adopted 3/20/2001)
Any person planning to make a public display of fireworks as described in section 14-48 must first make written application for a permit to the city secretary at least 14 days in advance of the date of the proposed display. The permit fee shall be as currently established or as hereafter adopted by resolution of the city council from time to time.
(Ordinance 010321, sec. 8, adopted 3/20/2001)
(a) 
The mayor of the city or the person designated by him shall investigate as to whether the proposed display by the applicant for a permit shall be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, recommend the approval or disapproval of the application. Provided the other requirements of this article are fulfilled, the mayor shall authorize the city secretary to issue, or deny the application for public display.
(b) 
Any permit issued shall be for a period of time designated on the permit not to exceed 14 days, and shall be limited to one performance. The permit shall not be transferable. In the event the application is denied, the applicant shall be notified of the denial in writing.
(Ordinance 010321, sec. 9, adopted 3/20/2001)
Any applicant for a permit shall, at the time of making application, furnish proof that he carries compensation insurance for his employees as provided by the laws of the state, and he shall file with the city secretary a certificate of insurance evidencing the carrying of public liability insurance in an amount as currently established or as hereafter adopted by resolution of the city council from time to time issued by an insurance carrier authorized to transact business in the state. In lieu of insurance, the applicant may file with the city secretary a bond in such amount issued by an authorized surety company, conditioned upon the applicant's payment of all damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the applicant or his agents, employees or subcontractors in the presentation of the public display.
(Ordinance 010321, sec. 10, adopted 3/20/2001)
Any fireworks display authorized under this article shall be limited to an aerial display. The range of aerial display shall not be more than 200 feet and the fireworks shall be discharged vertically from steel tubes.
(Ordinance 010321, sec. 11, adopted 3/20/2001)
The material to be used for public display authorized by permit shall not be stored within the city limits but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.
(Ordinance 010321, sec. 12, adopted 3/20/2001)
The persons handling fireworks authorized by permit shall be competent, adult persons and experienced pyrotechnic operators approved by the person recommending issuance of the permit and no person not approved shall handle fireworks at the public display. The names of experienced pyrotechnic operators shall be designated on the application and on the permit.
(Ordinance 010321, sec. 13, adopted 3/20/2001)
For each public display of fireworks authorized by permit under this article, not less than two firefighters of the Fulshear-Simonton volunteer fire department shall be in attendance during the display. The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application.
(Ordinance 010321, sec. 14, adopted 3/20/2001)