HomeMy WebLinkAboutOrdinance No. 2022-09 ORDINANCE NO. 2022-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS, AMENDING CHAPTER 30 "FIRE PROTECTION AND PREVENTION,"
ARTICLE IV "FIREWORKS," SECTION 30-139 "DEFINITIONS"; SECTION 30-140
"GENERAL PROVISIONS"; SECTION 30-141 'EXCEPTIONS"; SECTION 30-142
"PUBLIC DISPLAYS EXEMPTED"; SECTION 30-143 "ILLEGAL FIREWORKS
DECLARED NUISANCE; SEIZURE AND DESTRUCTION"; SECTION 30-144
"PENALTY FOR VIOLATION OF THIS ARTICLE"; AND SECTION 30-145
"PERMITTED TRANSPORTATION; IDENTIFICATION" OF THE FRIENDSWOOD
CITY CODE TO REGULATE FIREWORKS IN ACCORDANCE WITH STATE LAW,
TO GENERALLY PROHIBIT FIREWORKS FROM BEING IGNITED ON PROPERTY
WITHIN THE CITY,AND TO PROHIBIT PUBLIC DISPLAYS BY PERSONS OTHER
THAN A GOVERNMENTAL ENTITY DURING CERTAIN TIMES OF THE YEAR;
PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100
DOLLARS ($2,000.00); REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE.
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NOW,THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. That the City Council finds and determines that the rules, regulations, terms,
conditions, provisions, and requirements of this ordinance are reasonable and necessary to protect the
public health, safety,and welfare of the citizens of the City.
Section 2. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-139 "Definitions" of the Friendswood City Code is hereby amended to read as follows:
ARTICLE IV.FIREWORKS
Sec.30-139.Definitions.
The following words,terms,and phrases,when used in this article,shall have the meanings ascribed
to them in this section,except where the context clearly indicates a different meaning:
Distributor means[these]a person who
(1) imports fireworks into the State or
(2) sells fireworks to:
a. a retailer[s]i[fte-liobber,or other distributor[s;-]for resale to others;or
b. a holder of a single public displaypermit, a multiple public display permit or
another fireworks permit.
Fireworks[ ibed in V.T C ^ , n,.,.,,,,.,,ieas Code §2154 00 ),] means any composition
or device designed to produce a visible or audible effect by combustion, explosion, deflagration, or
detonation, [sash--as]includina firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles,
sparklers, squibs, fire balloons, 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-su&]. The term
shall include all articles or substances within the commonly accepted meaning of fireworks, whether
specially designated and defined in this section or not.
Fireworks 1.3G means a large fireworks device:
(1) Primarily designed to produce visible or audible effects by combustion, deflagration, or
detonation;and
(2) Classified as a 1.3G explosive by the department in 49 CFR 173 (1996).
Fireworks 1.4G means a small fireworks device:
(1) Primarily designed to produce visible or audible effects by combustion,deflagration,or
detonation;
(2) That complies with the construction, labeling, and chemical composition requirements
of the United States Consumer Product Safety Commission in 16 CFR 1507(1996),or
the most recently adopted version of that rule;and
(3) That is classified as a 1.4G explosive by the department in 49 CFR 173 (1996).
Importer means those who import fireworks from a foreign country for sale to distributors,jobbers,
or retailers within the state.
Jobber means those who purchase fireworks only for resale to[ ]retailers.
Jurisdiction means corporate limits of the city and the area immediately adjacent and contiguous
to such limits extending for a distance of 5,000 feet, excluding any area contained within the territory of
another city,town,or village.
Manufacturer means a persons[that-ffe]who is engaged in the making of fireworks.
Passenger area of a motor vehicle means the area of the vehicle designed for the seatiniz 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.
Person means and includes 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.
Public display means the igniting[and sheeting]of Fireworks 1.3G ffir-ewer4sfor public or private
amusement.
Pyrotechnic operator means an individual who, by experience, training, and examination, has
demonstrated the necessary skill and ability for safely assembling, discharging, and supervising_public
displays of Fireworks 1.3G or Fireworks 1.4G.
Retailers means those who purchase fireworks for resale[]only to the general public.
Section 3. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-140 "General Provisions" of the Friendswood City Code is hereby amended to read as
follows:
ARTICLE IV.FIREWORKS
Sec.30-140.General prohibition.
(a) Offenses. Except as provided in this article, it shall be unlawful for any
person
(1) to sell, offer to sell, or have in his possession with intent to sell[-,4eep], use, discharge,
[ ,-]ignite,detonate,fire.,or otherwise set in action or cause to be set
in action any firework of any description within the city limits.
(2) to use,discharge,ignite,detonate,fire,or otherwise set in action or cause to be set in action
any firework of any description on property that is wholly within the city limits or partially
within both the city limits and the jurisdiction.
(3) to organize, supervise, officiate, permit, or accept responsibilily fora gathering on public
or private property,which is wholly within the city limits or partially within both the city
limits and the jurisdiction, [within the jufisdiefieftjon which a person ignites, detonates,
casts,throws,discharges,or explodes any kind or character of fireworks.
(b) Defenses.
It is an affirmative defense to subsection(a)(1)of this section concerning the possession of fireworks if:
(1) the person was operating or was a passenger in a motor vehicle that was being operated in
a public place;and
(2) either:
a. the fireworks were not in the passenger area of the vehicle or
b. the fireworks were within the passenger area of the vehicle but were packaged and
unopened-
Section 4. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-141 "Exceptions" of the Friendswood City Code is hereby amended to read as follows:
ARTICLE IV. FIREWORKS
Sec.30-141. Exceptions.
The general prohibition as set forth in section 30-140 shall not apply to the following:
(1) A toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets,
strips,rolls, or individual caps that contain not more than an average of 0.25 of a grain of
explosive composition per cap and that is packed and shipped under 49 CFR 173 (1996);
(2) A model rocket or model rocket motor designed,sold,and used to propel recoverable aero
models;
(3) A propelling or expelling charge consisting of a mixture of sulfur,charcoal,and potassium
nitrate;
(4) Novelties or trick noisemakers;
(5) The sale, at wholesale, of any type of fireworks by a resident manufacturer, distributor,
importer, or jobber if the fireworks are intended for shipment directly out of state under
department regulations;
(6) The sale or use of, in emergency situations, pyrotechnic signaling devices or distress
signals for marine,aviation or highway use;
(7) The use of a fusee or a railway torpedo by a railroad;
(8) The sale of blank cartridges for:
a. Use in a radio,television, film,or theater production;
b. A signal or ceremonial purpose in an athletic event;or
C. An industrial purpose;
(9) The use of a pyrotechnic device by a military organization or a police or fire department;
(10) It shall not be unlawful, upon a permit issued by the fire marshal, for any person engaged
in any organized play,legitimate theatrical performance,circus 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 act, performance, play or circus, so long
as such person does not also engage in the retailing,wholesaling,selling or distribution of
any of such fireworks. The fire marshal shall cause to be made an investigation of each
application made under this article tQ determine whether the use of such fireworks 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.
Section 5. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-142 "Public displays exempted" of the Friendswood City Code is hereby amended to read as
follows:
ARTICLE IV.FIREWORKS
Sec.30-142. Public displays exempted.
The provisions of section 30-140 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 follows:
(1) " Any adult person or any firm, []partnership, corporation, or
association planning to make a public display of fireworks shall first make written
application for a permit to the fire marshal at least[48 heaFs]2 working days in advance of
the date of the proposed display_
(2) No public display by any person, other than a governmental entity, is permitted between
June 241 and July Th or between December 20'and January 4`h of any year.
(3) 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 article 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,subject to the conditions prescribed
in this section.If 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 14 days, and the permit shall not be transferable. If the application is
denied by the fire marshal,he shall notify the applicant of the denial in writing.
(4) (3)--The applicant for a display permit under this section shall, 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
that required under V.T.C.A., Occupations Code § 2154.205.
(5) (4)---The range of aerial displays shall not be more than 200 feet and the fireworks shall
be discharged vertically from steel tubes.
(6) -S-�- -The limit of a display authorized by this section shall be not more than 30 minutes
per performance,and there shall not be more than two performances in each 24 hours.
(7) (6-�--No public display of fireworks shall be of such a character and so located,
discharged, or fired as to be hazardous or dangerous to persons or property, and this
determination shall be within the sound discretion of the fire marshal.
(8) (7)--The persons handling the display of fireworks under this section shall be
competent,adult persons and[exper-ieneed]licensed pyrotechnic operators approved by the
fire marshal. No person not approved by the fire marshal shall handle fireworks at the
public display. The names of the [expeiieneed-]licensed pyrotechnic operators shall be
designated on the permit issued.
(9) (S}—For each public display of fireworks under this section, not less than two
firefighters of the city shall be in attendance during the display. The expense of such
firefighters at the display shall be borne by the applicant for the permit and shall be paid in
advance at the time of the application for the permit.
10 (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 and storage.
Section 6. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-143 "Illegal fireworks declared nuisance; seizure and destruction" of the Friendswood City
Code is hereby amended to read as follows:
ARTICLE IV. FIREWORKS
Sec.30-143.Illegal fireworks declared nuisance; seizure and destruction.
(a) 44io-Fireworks sold, []used,discharged,ignited,detonated,fired or otherwise set in action[i*
vielatien of thig�@gjq-lg- Presenee of my fireworks, exeluding firework sales, within the raity andff
outside-ef sueh eity lifnits for a total of 5,000 feet Jur-isdistierr]in violation of this article,is hereby
declared to be a common and public nuisance.
(b) The fire marshal[ is a;_,.,.+ d and required to seize any fireworks feend in viela4ion of this aft;ele
ate,any authorized deputy of the fire marshal,or-any police officer of the city, or any other duly
constituted state peace officer is empowered:
(1) to seize in accordance with state law any fireworks found in violation of this article,
(2) to stop the transportation of[-and], detain, and seize in accordance with state law any
fireworks being transported illegally,or
(3) to close any building where any fireworks are found stored illegally[-Untii]_
(c) If any fireworks are abandoned or deemed by the fire marshal to be in such a state or condition as
to constitute a hazard to life or property,the fire marshal [ean be ae fi fied in e fdo.that]may dispose
of such fireworks[]without further process of law. The fire marshal is authorized to dispose
of any [ ::or ]seized fireworks in accordance [with the terms of this ..bees -Afte-fhe 2^!��
aft,.r the Agpgrd ]with law. rer abandened fire,erlis that are dossed t e L,.,-,.,..dous
fe life or prepe J
RN
Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on
behalf of the city,the fire marshal,or both,for such injunctive relief as may be necessary to prevent
unlawful storage,transportation, [keeping]or use of fireworks[ ,000
feet area deseribed in subseetion(a) of this seefien.jin violation of this article. It shall
not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks.
[(e) This section sha4l not apply within any portien of the 5,000 feas —Rvea deseribad in subseetion (a) 9
this seetion whieh is seent-ained within the territer-y of an),other ineer-per-a4ed eity,town or village.
Section 7. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-144 "Penalty for violation of this article" of the Friendswood City Code is hereby amended
to read as follows:
ARTICLE IV. FIREWORKS
Sec.30-144.Penalty for violation of article.
Any person who shall manufacture,assemble,store,or possess fireworks in violation of this article
shall,upon conviction,be punished[ ]as provided in section 1-14 of this Code.
6
If fireworks are separately wrapped or packaged,the commission or omission of any act prohibited by this
article shall be a separate offense as to each such separately wrapped or separately packaged fireworks.
Section 8. That Chapter 30 "Fire Protection and Prevention," Article IV "Fireworks,"
Section 30-145 'Permitted transportation; identification" of the Friendswood City Code is hereby
amended to read as follows:
ARTICLE IV.FIREWORKS
Sec.30-145.Permitted transportation; identification.
It shall not be an offense under this article for a person to transport fireworks I AG[—as defined in
sty] by motor vehicles which meet the federal requirements for transporting fireworks I AG along
and upon Farm to Market Road 528[-,-ci ie�] within the [eity limits owithin 5,000 feet of the eeFpef:ate
betifidar-ies of liurisdiction. Vehicles used for transportation 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
inches in height and a minimum width of not less than three-fourths of an inch.
Section 9. That a person who violates any provision of this ordinance shall be deemed guilty
of a misdemeanor and upon conviction, shall be fined in an amount not to exceed$2,000.00. Each day
of violation shall constitute a separate offense.
Section 10. That all ordinances or parts of ordinances in conflict or inconsistent with this
ordinance are hereby expressly repealed.
Section 11. That in the event any clause phrase, provision, sentence, or part of this ordinance
or the application of the same to any person or circumstances shall for any reason be adjudged invalid or
held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this
ordinance as a whole or any part or provision hereof other than the part declared to be invalid or
unconstitutional;and the City Council of the City of Friendswood,Texas,declares that it would have passed
each and every part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional,whether there be one or more parts.
Section 12. That this ordinance shall become effective from and after its date of passage and
its publication,as provided by law.
PASSED and APPROVED on first reading this 4'day of April,2022.
M RE A ,Mayor
ATT ST:
�LETICIA BRYSCH,City Se �RIEcr
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APPROVED AS TO FORM:
KAREN HORNER,City Attorney
PASSED,APPROVED and ADOPTED on second final reading this 2nd day of May, 2022.
a
KE FO N, ayor
TTEST
LETICVA BRYSCH,City Secretary
Al
APPROVED AS TO FORM:
KAREN HORNER City Attorney 9T PG'
FOFTE�
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