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HomeMy WebLinkAboutOrdinance No. 181 ORDINANCE N0. /� AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, REGULATING AND GOVERPJING THE SALE, POSSESSION, DISCHRRGING, STORING AND KEEPING OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDS- WOOD, TEXAS; DEFINING TERMS, PROVIDING A GENERAL PROHIBITION AGAINST THE SALE, POSSESSION, DISCHARGING, ETC; PROVIDING FOR CERTAIN EXEMPTIONS; OECLARING ILLEGAL FIREWQRKS AS A PUBLIC NUISANCE; PROVI�ING A PENALTY FOR TEIE VIOLATION OF ANY OF THE TERMS OF SAID ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE AND CONTATNIMG OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIEfdDSWO�D, TEXAS, DULY ASSEf�iBLED: SECTION I . DEFINITIONS. A. The term "Fireworks," as used in this ordinance, shall mean and include any firecrackers, cannon crackers, skyrockets, torpedoes, roman candles, sparklers, squibs, fire ballons, star shells, gerbs or any other substance in whatever combination by any designated name 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 specially designated and defined or not. B. The term "Person," as used in this ordinance, shall mean and in- clude any natural person, association of persons, partnership, corporation, agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. C. The term "Manufacturer," as used in this ordinance shall mean persons, firms, corporations or associations that are engaged in the making of fireworks. D. The term "Distributor," as used in this ordinance shall mean those who sell fireworks to retailers or to jobbers, for resale to others. E. The term "Jobber," as used in this ordinance shall mean those who purchase fireworks for resale to consumers only. F. The term "Retailers," as used in this ordinance shall mean those who purchase fireworks for resale to consumers only. G. The term "Importer," as used in this ordinance shall mean those who import fireworks from a foreign country for sale to distributors, jobbers or retailers within the State of Texas. H. The term "Public Display," as used in this ordinance shall mean the igniting and shooting of fireworks for publie amusement. SECTION II. GENERAL PROHIBITION. Except as otherwise specifically provided in this ordinance, it shall be unlawful for any person to sell , offer to sell , or have in his possession with intent to sell , keep, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. SECTION III. EXCEPTIONS. That the general prohibition as set forth in Section II herein shall not apply to the following: A. Section II shall not apply to toy pistols, toy canes, toy guns or similar devices in which paper caps containing twenty-five one-hundredths (25/100ths) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (25/100ths) grains of explosive compounds, the sale and use of which shall be permitted at al� times. B. It shall not be unlawful , upon a permit issued by the fire marshal for any person engaged in any organized play; legitimate theatrical performance, circuss or other show designed for the amusement and edification of the general public to use, discharge, or cause to be discharged and ignited fireworks as a part of an act9 performance, play or circusY so long as such person does not also engaqe in the retailing, wholesaling, selling or distribution of any of such fireworks. The fire marshal shall cause to be made an in�estigation of each application made hereunder to determine whether the use of such fire- works as proposed shall be of such a character that it may be hazardous to property or dangerous to any person and he shall , in the exercise of reasonable discretion, grant or deny the application for such permit. C. Section II 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 Section II apply to any marine signal flare or rocket which is transported or received or stored for use only as ship's stores; nor shall Section II a�ply to signal flares or rockets for military or police use; nor shall Section II apply to signal flares for use by motorists in distress. -2- SECTION IV. PUBLIC DISPLAYS. The provisions of Section II shall not apply to a public display of fireworks made under the terms and conditions of this section and such display shall be permitted upon compliance with the provisions of this section as follow: 1 . Any adult person or any firm, copartnership, corporation or associa- tion planning to make a public display of fireworks shall first make written application for a permit to the fire marshal at least forty-eight (48) hours in advance of the date of the proposed display. 2. It shall be the duty of the fire marshal to make an investigation as to whether the display as proposed by the applicant for a permit under this division shall be of sucti a character that it may be hazardous to property or dangerous to any person, and he shall , in the exercise of reasonable discre- tion grant or deny the application, subject to the conditions prescribed in this section. In the event the application is approved, a permit shall be issued for the public display by the fire marshal . Such permit shall be for a period of time designated on the permit, but shall not exceed fourteen (14) days, and the permit shall not be transferable. In the event that the application is denied by the fire marshal , he shall notify the applicant of the denial in writing. 3. The applicant for a display permit under this section shal7 , 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 fire marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than Fifty Thousand and No/100 ($50,000.00) Dollars, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as assured as evidence of ability to respond in damages in at least the amount of Fifty Thousand and No/100 ($50,000.00) Dollars, such policy to be approved by the fire marshal . In lieu of insurance, the applicant may file with the fire marshal a bond in the amount of Fifty Thousand and No/100 ($50,000.00) Dollars, issued by an authorized surety company approved by the fire marshal , conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks, or any -3- negligence on the part of the applicant or his agents� servantsa employees, or subcontractors in the presentation of the public display. 4. The range of aerial displays shall not be more than two hundred (200) feet and the fireworks shall be discharged vertically from steel tubes. 5. The limit of a disp1ay authorized by this section shall be not more than thirty (30) minutes per performance, and there shall not be more than two (2) performances in each twenty-four (24) hours. 6. No public display of fireworks shall be of such a character and so locateds discharged, or fired as to hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire marshal . 7. The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the fire marshal , and no person not approved by the fire marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued. 8. For each public display of fireworks under this section, not less than two (2) firemen of the city shall be in attendance during the display. The expense of such firemen at the display shall be borne by the applicant for the permit and sha11 be paid in advance at the time of the application for the permit. 9. The material to be used for a public display authorized by this section 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 an� storage. SECTION V. ILCEGAL FIREWORKS AS NUISANCE SEIZURE AND DISTRUCTION, ETC. 1 . The presence of any fireworks within the jurisdiction of the city in violation of this ordinance is hereby declared to be a common and public nuisance. The fire marshal is directed and required to seize and cause to be safely destroyed any fireworks found in violation of this ordinance and any member of the fire prevention division of the fire department or any police officer of the city or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported il�legally or to close any building where any fireworks are found stored -4- illegally until the fire marshal can be notified in order that such fireworks may be seized and destroyed in accordance with the terms of this section. Notwithstanding any penal provision of this ordinance, the city attorney is authorized to file suit on behalf of the city or the fire marshal , or both, for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the city and to aid the fire marshal in the discharge of his duties and to particularly 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. SECTION VI . VIOLATION AND PENALTIES. A. Any person who shall manufacture, assemble, store, transport, receive, keep, sell , offer for sale or have in his possession with intent to sell any fireworks in violation of this ordinance shall be fined not less than TEN (10.00) DOLLARS nor more than TWO HUNDRED ($200.00) DOLLARS for each offense, If the fireworks are separately wrapped or packaged, the doing or omitting to do any act prohibited by this article shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this article shall continue with respect to any package of fireworks shall constitute a separate offense. B. Any person who shall violate any provision of any section or sub- division of this fireworks ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Ten and No/100 ($10.00) Dollars nor more than Two Hundred and No/100 ($200.00) Dollars. Any parent or guardian of any minor child below the age of eighteen (18� years who permits or allows such minar child to use, sell , discharge, ignite, detonate, fire or otherwise set in action any fireworks in violation of this ordinance shall be fined not less than Ten and No/100 ($10.0U) Dollars nor more than Two Hundred and No/100 $200.00) Dollars. SECTION VII. REPEAL OF ORDINANCES IN CONFLICT. Al1 ordinances in force when this ordinance becomes effective, and which ordinances are inconsistent herewith, or in conflict with this ordinance, are hereby repealed, insofar as said ordinances are inconsistent or in conflict -5- with this ordinance. Ordinance No. 49 of the City of Friendswood, passed approved and adopted on the 19th day of October, 1964, is specifically repealed. SECTION VIII. SEVERABILITY-SAVINGS CLAUSE. Should any portion or part of this ordinance be held for any reason invalid, unenforceable or unconstitutional the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect. SECTION IX. PUBLICATION AND EFFECTIVE DATE. This ordinance shall take effect upon its passage and publication in the official city newspaper of the City of Friendswood, Texas. PASSED FOR FIRST READING this 19th day of February � 1973. R�$���X��� SECOND READING this 5th day of March , 1973. PASSED, APPROVED AND FINALLY ADOPTED this 19th day of March , 1973, � o'`/ � � Ralp L. Lowe, Mayor ATTEST: £'�...:'� e C _t .�Q.J�(J '�"� Ci ty Secretary �'�'' -6-