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HomeMy WebLinkAboutOrdinance No. 81-12 ORDINANCE N0 . 81/12 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 7 OF THE FRIENDSWOOD CITY CODE BY STRIKING THEREFROM ALL OF SECTION 7-50 AND 7-51 THEREOF AND SUBSTITUTING A NEW SECTION 7-52 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO POSSESS FIREWORKS WITHIN THE CITY LIMITS OP THE CITY OF FRIENDSWOOD OR WITHTN 5000 FEET OF THE CORPORATE BOUNDARIES OF THE CITY; DECLARING THE PRESENCE OF FIREWORKS WITHIN THE CITY OR WITHIN 5000 FEET OF THE CORPORATE BOUNDARIES OF THE CITY TO BE A PUBLIC NUISANCE ; AUTHORIZING THE SEIZURE OF FIREWORKS FOUND IN VIOLATION OF THIS ORDINANCE ; AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF TO PREVENT UNLAWFUL STORAGE, TRANSPORTATION , KEEPING OR USE OF FIREWORKS WITHIN SUCH AREA; PROVIDING EXCEPTIONS ; AND PROVIDING A PENALTY OF NOT LESS THAN $25 . 00 NOR. MORE THAN $200 . 00 FOR EACH OFFENSE , PROVIDING THAT IF FIREWORKS ARE SEPARATELY WRAPPED OR PACKAGED THE COMMISSION OR OMISSION OF ANY ACT PROHIBITED BY THIS ORDINANCE SHALL CONSTITUTE A SEPARATE OFFENSE AS TO EACH SUCH SEPARATELY WRAPPED OR PACKAGED FIREWORKS , AND PROVIDING THAT EACH DAY OF VIOLATION WITH RESPECT TO EACH SEPARATELY WRAPPED OR PACKAGED FIREWORKS SHALL CONSTITUTE A SEPARATE OFFENSE. :; ., ., .: BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF FRTENDSWOOD, STATE OF TEXAS ; Section 1. Section 7-50 of Articl� III of Chapter 7 of the Friendswood Gity Qode is hereby amended by striking all of said Section 7-50 thereof and substituting therefor the following: "Sec. 7-50 . I1legal fireworks as nuisance ; seizure and destruction. The presence ot any fireworks within the City of Friends- wood and within the area immediately adjacent and contiguous to the city limits of such city extending for a distance outside of such city limits for a total of 5 ,000 feet , in violation of this Chapter, is hereby dec.lared to be a common and public nuisance. The Fire Marshall is directed and required to seize any fireworks found in violation of this Chapter and any authorized deputy of the Fire Marshall , or any Police Officer of the City or any other duly con- stituted Texas Peace Officer is empowered to stop the transportation of and detain any fireworks being trans- ported illegally or to close any building where any fire- wo�ks are found stored illegally until the Fire Marshall can be notified in order that such fireworks may be seized in accordance with the terms of this Chapter. Notwith- standing any penal provision of this Chapter, the City Attorney is authorized to file suit on behalf of the City , the Fire Marshall , or both, for such injunctive relief as may be necessary to prevent unlawful storage , transportation , keeping or use of fireworks within the City or such 5 ,000 feet area. It shall not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks . This Ordinance shall no apply within any portion of such 5 ,000 feet area which is contained within the territory of any other incorporated city, town , or village. . � � . Section 2. Section 7-51 of Article III of Chapter 7 0� the Friendswood City Code is hereby amended by striking all of said Section 7-51 thereof and substituting therefor the following : "Sec . 7-51 . Penalty. Any person who shall manufacture, assemble , store , or possess fireworks in violation of tfiis Chapter shall , upon conviction, be fined not less than twenty-five dollars ($25 . 00) nor more than two hundred dollars ($200 . 00) for each offense . If fireworks are separately wrapped ox packaged, the commission or omission of any act prohibited by this Chapter shall be a separate offense as to each such separately wrapped or separately packaged fireworks . Each day of violation shall constitute a separate offense . Section 3 . Article III of Chapter 7 of the Friendswood City Code is hereby amended by adding thereto a new Section 7-52 which shall provide as follows : "Sec. 7-52 . Pexmitted transportation--Identification . It shall not be a.n offense under this Chapter for a person to transport ICC Class C common fireworks as defined in Texas Revised Civil Statutes Annotated, Article 9205 , as amended, by motor vehicles which meet the Interstate Commerce Commission requirements for transporting ICC Class C Common fireworks if equipped with at least one ��) ten pound fire extinguisher for extinguishing Type B fires , along and upon Farm to Market Road 528 either within the City limits or within 5000 feet of the corpozate boundaries of the City. Vehicles used for trans- portation of fireworks shall be provided with a sign on each side reading - "Fireworks . " The sign shall have a white background with red letters at least six (6) inches in height and a minimum width of not less than three-fourths (3/4) of an inch. PASSED AND APPROVED on first reading this�,,��,C� day of ,�_�'�- , 19 81. PASSED A D APPkOVEll on second reading this�� day of , , 1981. PASSED, APPROVED AND ADOPTED on third reading this �7� day of_� ��, 1981 . � ---� � .�� l c�— ��li���—�Q l.�.ury Mayor � �. � ATTEST: ,���� �j_� � " ' A--+.L_�-Y--P Z2,-�_C"'' . City Secretary APPROVED AS TO FORM: City Attorney -"