§ 14-5. Fireworks.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fireworks means a composition or device:

(1)

Designed for entertainment to produce a visible or audible effect by combustion, explosion, deflagration, or detonation; and

(2)

Defined by 49 CFR 173.56(j)(1996).

(b)

Fireworks within the city.

(1)

It shall be unlawful for any person to store, use, manufacture, sell, offer for sale, exhibit for sale or possess any fireworks within the city limits, shoot, fire, explode or set off any fireworks or other explosive matter within the city limits or within 5,000 feet thereof, except as authorized in this section.

(2)

Nothing in this section shall be construed to prevent any public demonstration or display of fireworks or bonfire of any kind, if conducted under proper supervision of the fire marshal, after application shall be made and permit issued by the fire marshal. Such permit shall not be granted unless such demonstration shall be of such a character and so located, discharged or fired as in the opinion of the fire marshal, after proper inspection, shall not be hazardous to property or endanger any person.

(3)

In defining 5,000 feet in subsection (b)(1) of this section (fireworks with the city) and subsection (c)(2) of this section (territorial applicability), it is meant a distance of 5,000 feet extending outside the city limits on either side of a public or private road from the city corporate limits.

(c)

Territorial applicability.

(1)

This section shall be applicable and in force throughout the territory of the city within its corporate limits.

(2)

This section shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits and extending for a distance outside the city limits for a total of 5,000 feet, and it shall be unlawful to do or perform any act in violation of this section within such area of 5,000 feet outside the city limits, provided that this section shall not apply within any portion of such 5,000-foot area which is contained within the territory of any other municipal corporation.

(d)

Supervised displays; permit required; contents of application. Permits for the public or private display of 1.3G fireworks may be issued by the fire marshal, provided a person desiring to display any fireworks shall apply in writing to the fire marshal for a permit at least 15 days in advance of the date of the proposed display and shall set forth:

(1)

The name of the organization sponsoring the display together with the names of persons actually in charge of the filing of the display.

(2)

The date and time at which the display is to be held.

(3)

The exact location planned for the display.

(4)

A description setting forth the age and experience in the display of fireworks of persons who are to do the actual discharging of the fireworks.

(5)

The number and kinds of fireworks to be discharged.

(6)

The manner and place of storage of such fireworks prior to the display.

(7)

A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, telegraph, telephone or other overhead obstructions and trees located within 200 yards from the point at which the fireworks are to be discharged and the lines behind which the audience will be restrained. Such permit shall not be granted unless such display shall be of such a character and so located, discharged or fired as in the opinion of the said fire marshal, after proper study of the application and proper inspection of the proposed premises, shall not be hazardous to property or endangering to any person.

(e)

Civil liability; persons not relieved. Nothing in this chapter shall relieve any person from any civil liability in connection with the storage, possession, sale or use of fireworks or other device, composition or substance referred to herein.

(f)

Seizure. The fire marshal, his deputy or any peace officer is authorized to seize any fireworks found within the city limits or within 5,000 feet thereof, and destroy any fireworks so obtained.

(Code 1992, § 7-5; Ord. No. 94, §§ 1—3, 11-13-1951; Ord. No. 506, §§ 1—6, 3-12-1991; Ord. No. 597, § 1, 4-11-2000)

State law reference

Fireworks, Texas Occupations Code ch. 2154; local regulation of fireworks, Texas Occupations Code § 2154.004.