(a)
General rules of construction.
Words and phrases used
in this article shall have the meanings set forth in this section.
Words and phrases which are not defined in this article but are defined
in other ordinances of the city shall be given the meanings set forth
in those ordinances. Other words and phrases shall be given their
common, ordinary meaning unless the context clearly requires otherwise.
Headings and captions are for reference purposes only, and shall not
be used in the interpretation of this article.
(b)
City
City boundaries
Code official
Council
Fire prevention officer
Fireworks
Licensed operator
Person
Possess
State fire marshal
Specific definitions.
means the City of Bartlett, a duly incorporated municipality
lying within Bell and Williamson Counties, Texas, and all officials,
agents and employees who are authorized to act on behalf of the city.
means the municipal boundaries (i.e., “city limits”)
of the city. The term does not include the extraterritorial jurisdiction.
means the person or persons officially designated by the
city to assist the city in implementing the provisions of this article.
Such person or persons may include, but are not limited to, the fire
prevention officer, a city code compliance officer, or a city police
officer, and such assistance includes, but is not limited to, conducting
investigations for possible violations of this article.
means the council of the City of Bartlett, the governing
body of the municipality.
means the person designated as such by the council of the
city. Such persons may include but are not limited to the chief of
a fire department, a fire marshal, a county fire marshal, a sheriff,
a constable, another local enforcement officer, or if there is no
local fire authority, the state fire marshal.
means any combustible or explosive composition, or any substance
or combination of substances, or article or device, prepared for the
purpose of producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation. The term includes “firecrackers”
and “pyrotechnics.”
means the person who is properly licensed by the state and
shall coordinate, oversee, and be the principal conductor for the
entirety of the fireworks display.
means an individual, corporation, organization, government
agency, business, trust, partnership, association, or any other legal
or illegal entity.
means actual care, custody, control, or management.
means the chief law enforcement officer of the state charged
with the responsibility of fire prevention.
(Ordinance 20160815-01, sec. II
(7.301), adopted 8/15/2016)
(a)
Enforcement.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
$2000.00. Each day and each discharge that a provision of this article
is violated shall constitute a separate offense. An offense under
this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2)
A civil penalty up to $1000.00 a day when it is shown that the defendant
was actually notified of the provisions of this article and after
receiving notice committed acts in violation of this article or failed
to take action necessary for compliance with this article; and
(3)
Other available relief.
(Ordinance 20160815-01, sec. II
(7.305), adopted 8/15/2016)
(a)
No
person may sell fireworks within the city boundaries.
(b)
No
person may use or discharge fireworks within the city boundaries.
The city expressly adopts a “zero tolerance” policy for
any violation of this article.
(c)
No
person may possess fireworks with the intent to discharge such fireworks
within the city boundaries.
(Ordinance 20160815-01, sec. II
(7.302), adopted 8/15/2016)
(a)
City approved events.
The restrictions in this article
on the use or discharge of fireworks do not apply if such use, possession,
or discharge occurs as part of a city approved and supervised event
that complies with the provisions of a Bell or Williamson County burning
ban and applicable drought status and further provided that:
(1)
All persons who assemble, conduct, or supervise a public or private
fireworks display shall have the appropriate license issued by the
state.
(2)
All persons who conduct a public or private fireworks display shall
comply with the regulations as set forth in Texas Occupations Code
chapter 2154 (regulation of fireworks), National Fire Protection 1123
and 1124, and any other standards set forth by federal and state regulations.
(b)
Exemptions under state law.
The restrictions on the
use, possession, or discharge of fireworks in this article do not
apply to any exemption provided under Texas Occupations Code section
2154.002, as amended.
(c)
Display permits.
(1)
No person may conduct a public or private fireworks display without
a display permit having been issued by the city;
(2)
An application for a display permit to conduct a public or private
fireworks display within the city boundaries must be submitted by
an authorized person on a form provided by the city and shall have
the signature of the licensed operator applying for the permit. The
application shall be filed with the city no less than sixty (60) calendar
days prior to the regular meeting of the council immediately preceding
the event. Within thirty (30) calendar days after receipt of the application,
the city shall approve the permit, with or without conditions, or
deny the permit. If the permit is denied, the reasons shall be so
stated on the notice of denial. The denial of a permit may be appealed
to the council if submitted in writing no less than twenty-five (25)
calendar days prior to the regular meeting of the council immediately
preceding the fireworks display event;
(3)
A nonrefundable application fee in the amount set forth in the fee schedule in appendix A of this code shall be included with the application;
(4)
Proof of liability insurance, in an amount of no less $1,000,000.00,
shall be included with the application;
(5)
A copy of the licensed operator’s license as issued by the
state;
(6)
A plan listing all licensed operators and technicians, detailing
the site, listing all pyrotechnics to be on-site and annotating those
that will be discharged, and an itinerary of the event shall be included
with the application;
(7)
A memorandum of agreement, contract, or similar instrument demonstrating
that fire suppression and emergency medical services [will be provided]
as required by the city fire department or the city’s designated
fire service shall be submitted within ten (10) calendar days of the
submission of the application; and
(8)
If issued, such a display permit shall be valid only for stated conditions
and the date and time period set forth in the permit. The permit holder
shall indemnify and hold harmless the city, who shall not be responsible
nor liable for any injury, loss of life, or damage to property that
may occur during the course of the fireworks display. The permit holder
and all participants shall be solely responsible and liable for, indemnify
and hold harmless the city for any injury, death, or damage to any
property during the course of the fireworks display, to include, but
not limited to, any preparations, display or discharge of any pyrotechnics,
and post-event duties.
(Ordinance 20160815-01, sec. II
(7.303), adopted 8/15/2016; Ordinance
adopting 2024 Code)
Any city resident or property owner may file a complaint alleging
a violation of this article. The complaint:
(1)
May
be made orally or in writing;
(2)
Must
provide sufficient details about the violation; and
(3)
Must
be made to the code official, the city mayor, the city administrator,
the city secretary, or a city police officer or other law enforcement
agency.
(Ordinance 20160815-01, sec. II
(7.304), adopted 8/15/2016)
