The city offers a reward of one thousand dollars ($1,000.00) to anyone who furnishes information to the fire marshal necessary to and which results in the arrest and conviction of any person or persons who commit the crime of arson within the corporate limits of the city. This reward is a standing offer and shall be paid out of the general fund of the city. The city council shall be the sole and exclusive judge in determining eligibility for the reward offered herein.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21; Ordinance O-24-019 adopted 8/15/2024)
The fire marshal is authorized to publish the notice of arson reward on the city's website, social media, news print or other media as the situation or need arises.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21; Ordinance O-24-019 adopted 8/15/2024)
(a) 
The transporting, storing, possession or presence of any fireworks (except for the purpose of offering fireworks for sale in the territorial jurisdiction of the city), including types covered by Texas Occupation Code chapter 2154, within the city or the territorial jurisdiction of the city, being the area immediately adjacent and contiguous to the city limits and extending outside the city limits for a distance of five thousand (5,000) feet in all directions, unless such area is within the corporate limits of another municipality, is hereby declared to be a nuisance. The offering for sale of any fireworks within the city limits is hereby declared to be a nuisance; however, the offering for sale of any fireworks in the territorial jurisdiction of the city shall not be considered a nuisance.
(b) 
The fire chief shall seize and cause to be destroyed all fireworks that are opened or unpackaged and found within the city or its territorial jurisdiction in violation of the provisions of this section.
(c) 
Any member of the fire department, any police officer, or any other peace officer, is empowered to detain all fireworks that are opened or unpackaged and found being transported illegally or to close any building where any fireworks are found stored illegally, until the fire department can be notified in order that such fireworks that are opened or unpackaged may be seized and destroyed in accordance with the terms of this section.
(d) 
Notwithstanding any penal provisions hereof, the city attorney is authorized to file suit on behalf of the city for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or using of fireworks within the city limits or the territorial jurisdiction of the city, and to prevent any person from interfering with the seizure and destruction of such fireworks; provided, however that:
(1) 
It shall not be necessary to obtain such injunctive relief as a prerequisite to such seizure and destruction.
(2) 
Any member of the fire department is hereby authorized to enter any building, in accordance with applicable laws governing the right to entry, search and seizure, where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks.
(3) 
In any instance, where the fire chief or any of his duly authorized assistants have probable cause to believe that fireworks are being stored in a building, they shall, in accordance with applicable laws governing the right to entry, search and seizure, promptly enter the building for the purpose of inspection.
(e) 
Any person, firm, corporation, company or association who shall violate any of the provisions of this section, or suffer or allow the same to be violated, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed two thousand dollars ($2,000.00), and each day during which such violation shall continue to exist shall constitute a separate and distinct offense.
(f) 
It is an affirmative defense to prosecution for possession of fireworks under this section that:
(1) 
The defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and
(2) 
The fireworks were not in the passenger area of the vehicle.
(g) 
For purposes of subsection (f), the "passenger area" of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include:
(1) 
A locked glove compartment or similar locked storage area;
(2) 
The trunk of a vehicle; or
(3) 
The area behind the last upright seat of a vehicle that does not have a trunk.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-16-027 adopted 10/13/16; Ordinance O-21-029 adopted 10/21/21; Ordinance O-24-019 adopted 8/15/2024)
The use, firing, igniting, shooting, exploding or discharge of fireworks as provided in section 8-3 is hereby found and declared to be a general and public nuisance and the same is hereby prohibited; provided, this section shall not prohibit lawfully authorized pyrotechnic displays.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21; Ordinance O-24-019 adopted 8/15/2024)
(a) 
Collection of fees:
(1) 
The city council authorizes the city manager to adopt charges to be billed against parties involved in motor vehicle accidents, hazardous waste or chemical spills, or other fire suppression and non-fire suppression activities to which the city responds with fire department equipment and/or personnel. These charges may be billed as a debt to the party causing the event; the landowner; the party controlling the premises in the event of a spill or dumping and/or the party transporting said hazardous, dangerous and/or injurious product; or the party controlling the premises in the event of a fire. Fire suppression activities resulting from third party negligence may be billed against that third party. Fire suppression resulting from arson may be billed against the arsonist.
(2) 
The city manager, or his designee, shall bill and collect all fees and costs for fire suppression services, fire prevention services and for other public safety and emergency services rendered by the department when providing these services for motor vehicle accidents or other incidents. Such fees include but are not limited to the use of equipment, materials, labor and overtime costs, maintenance and overhead expenses and costs of whatever nature which constitute full reimbursement to the fire department for services actually rendered and as hereafter authorized.
(3) 
Within one hundred eighty (180) days of the date of providing fire suppression, fire prevention and protection services or other public safety and emergency services for the motor vehicle accidents or other incidents, the city manager, or his designee, shall submit an invoice for all costs, fees, charges and expenses related to providing such services, to include but not limited to all actual expenses including costs of equipment operations, cost of material utilized, costs of specialists, experts or other contract labor not in the full-time employment of the city; labor and overtime costs, and other incidental costs incurred by the city as a result of the incident, to the landowner, party controlling the premises, party causing the incident, customer, client, owner, designated agent, representative and/or insurance company who received, covered and/or otherwise benefited from these services.
(4) 
Any bills, fees or penalties, including but not limited to clean up costs, fees or expenses that are imposed the city or the fire department by any local, state or federal agency, related to the rendering of fire suppression, fire protection or prevention services or of other public safety and emergency services may be included in the billing or billed separately within one hundred eighty (180) days of receipt.
(b) 
Enforcement.
The city may enforce the provisions of this section by any action allowed by law for the collection of any amounts due hereafter, including reasonable and necessary attorney fees, costs, and expenses, in a court of competent jurisdiction.
(Ordinance O-14-018 adopted 5/15/14; Ordinance O-21-029 adopted 10/21/21; Ordinance O-24-019 adopted 8/15/2024)
(a) 
Definitions:
False alarm.
The activation of any fire alarm system subject to this section which results in a response by the fire department and which is caused by: intentional or unintentional misuse of the fire alarm system by the owner, its employees, agents, or occupants.
(1) 
Activation of a fire alarm system not caused by heat, smoke or fire, including activations caused by the mechanical failure, malfunction, improper installation, or lack of proper maintenance; or
(2) 
Any other alarm activation for which the fire department personnel are unable to determine the apparent cause of the activation.
(3) 
Excluded from the definition of false alarm is:
a. 
Alarms caused by actions of a communications service provider;
b. 
Alarms caused by power outage of more than four (4) hours, severe weather, or other natural disaster;
c. 
Alarms activated after the fire alarm business has, in good faith, provided advanced notice to the 911 dispatch center that the fire alarm system would be undergoing installation or modifications and maintenance that could trigger a false alarm signal; and
d. 
Multiple fire alarms within a twenty-four (24) hour period that could be considered as one (1) alarm with resulting corrective action being taken by the owner or alarm system service provider.
(b) 
Any person, firm, or corporation having any type of fire alarm shall not be charged a fee for the first three (3) false alarms responded to by the fire department within a calendar year; however, said owner shall be charged for each subsequent alarm:
(1) 
$50.00 (fifty and no/100 dollars) for the fourth (4th) through sixth (6th) false alarm;
(2) 
$75.00 (seventy-five and no/100 dollars) for the seventh (7th) through the ninth (9th) false alarm; and
(3) 
$100.00 (one hundred and no/100 dollars) for any subsequent false alarm(s) responded to thereafter within a calendar year.
(c) 
Fees will be charged on all false alarms, regardless of whether the alarm is monitored by the city.
(d) 
All false alarm fees will be calculated and invoiced quarterly. Payments for false alarm fees shall be due within thirty (30) days of invoice date. Any person delinquent by more than fifteen (15) days in the payment of false alarm fees charged hereunder may be disconnected from alarm monitoring service. Disconnection from alarm monitoring service may result in violation of the fire code and is subject to enforcement.
(Ordinance O-23-002 adopted 1/5/2023; Ordinance O-24-019 adopted 8/15/2024)