Ordinance #8.04

ARTICLE 8.04 FIREWORKS

designed to produce a visible or audible pyrotechnic display, including, but not limited to,

firecrackers, cannon crackers, skyrockets, bottle rockets, torpedoes, roman candles, sparklers,

squibs, fire ballons, star shells, gerbs, or other articles or substances within the commonly

accepted meaning of fireworks. This definition does not include:

(1) Caps containing less than 1/4 of a grain of pyrotechnic composition when designed

for use in canes or guns; or

(2) Noisemakers which use no more than 8/1000ths of a gram of explosive compound

and do not emit visible light or smoke when detonated.

(Ordinance 81-08-18 adopted 8/18/81)

Sec. 8.04.002 Penalty

A person who violates a provision of this article shall be fined $200.00 for each offense. If the

fireworks are separately packaged, the conduct in violation of this article shall constitute a

separate offense as to each separately packaged fireworks. Each day that a violation of this article

continues constitutes a separate offense. (Ordinance 81-08-18 adopted 8/18/81)

Sec. 8.04.003 General prohibition

No person in the city or within 500 feet outside the city limits may:

(1) Manufacture, sell, offer for sale, or give away fireworks; or

(2) Store, possess, or use fireworks.

(Ordinance 81-08-18 adopted 8/18/81)

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State law references–Authority of municipality to regulate the use of fireworks, V.T.C.A., Local

Government Code, sec. 342.003; fireworks and fireworks displays, V.T.C.A., Occupations Code, ch. 2154;

authority of city to prohibit or further regulate fireworks, V.T.C.A., Occupations Code, sec. 2154.004.

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Sec. 8.04.004 Declaration of nuisance; seizure and destruction of illegal fireworks

(a) The presence of fireworks within the jurisdiction of the city in violation of this article is

declared to be a common and public nuisance. The city police shall seize and cause to be safely

destroyed any fireworks found in violation of this article.

(b) A member of the fire department or a city peace officer is authorized to:

(1) Detain any fireworks being illegally transported; and

(2) Close any building where illegally stored fireworks are located until the city police

have been provided with an opportunity to seize and destroy the fireworks in

accordance with the provisions of this article.

(c) Notwithstanding any penal provision of this article, the city attorney is authorized to file

suit on behalf of the city to:

(1) Prevent unlawful storage, transportation or use of fireworks within the jurisdiction of

the city;

(2) Aid the city police in the discharge of their duties; or

(3) Prevent a person from interfering with the seizure and destruction of illegal fireworks

in accordance with this article.

(d) It is not necessary to obtain injunctive relief as a prerequisite to seizure and destruction of

illegal fireworks.

(Ordinance 81-08-18 adopted 8/18/81)

Sec. 8.04.005 Public displays

(a) Permit. A person desiring to obtain a permit for the public display of fireworks shall, at

least 10 days before using fireworks, file with the city police a completed permit application

showing:

(1) The applicant’s:

(A) Business address;

(B) Proof of legal competency; and

(C) Record of previous experience with fireworks;

(2) Address of the proposed display;

(3) Amount, type, and class of fireworks to be used;

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(4) Address of the company supplying the fireworks;

(5) Date of proposed display;

(6) Starting and ending times of the proposed display; and

(7) Diagram of the proposed display grounds, detailing:

(A) Firing points;

(B) Location of buildings and highways on or adjoining the grounds;

(C) Spectator restraining lines; and

(D) Overhead obstructions.

(b) Duties of operator; safety requirements. The operator of a public fireworks display shall:

(1) Restrain spectators with barriers placed at least 200 feet from the firing point;

(2) Fire projectiles:

(A) Vertically; or

(B) So that they will impact in a body of water;

(3) Maintain an unobstructed spatial separation of:

(A) 600 feet between the ignition point and a school;

(B) 200 feet between the ignition point and a highway, railroad, or building other

than a school; and

(C) 50 feet between the ignition point and an overhead obstruction;

(4) Discontinue the display if the wind carries fireworks debris to adjoining property;

and

(5) Immediately after display:

(A) Search the display site for unfired fireworks or fireworks debris; and

(B) Safely dispose of any unfired fireworks or fireworks debris in the manner

prescribed by the city police.

(Ordinance 81-08-18 adopted 8/18/81)