ORD 1986-02 Fireworks Prohibited TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 86-02
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
ADPOPTING REGULATIONS GOVERNING THE USE OF FIRE-
WORKS WITHIN THE CORPORATE LIMITS OF THE TOWN;
PROVIDING DEFINITIONS; PROVIDING A GENERAL PROHIBITION
AGAINST THE MANUFACTURE, ASSEMBLAGE, DISCHARGE,
TRANSPORTATION, RECEIPT, KEEPING, SALE, OFFER OR POS-
SESSION OF FIREWORKS; PERMITTING CERTAIN TRANSPOR-
TATION OF FIREWORKS WITHIN THE TOWN'S LIMITS; PRO-
VIDING EXEMPTIONS; DECLARING AS A NUISANCE THE PRES-
ENCE OF ANY FIREWORKS AND PROVIDING FOR THE SEIZURE
AND DESTRUCTION OF THE SAME; PROVIDING FOR THE RIGHT
TO INSPECT FOR THE PRESENCE OF FIREWORKS; AUT-
HORIZING PUBLIC DISPLAYS OF FIREWORKS; REQUIRING A
PERMIT PRIOR TO DISPLAY OF FIREWORKS; REQUIRING
INSURANCE OR BOND; PROVIDING FOR NINETY (90) DAYS
WITHIN WHICH TO COMPLY WITH THE ORDINANCE; PRO-
VIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM
OF TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PRO-
VIDING AN EFFECTIVE DATE AND DECLARING AN EMER-
GENCY.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. Definitions.
The term "fireworks", as used in this ordinance, shall mean and include
any 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 such term shall include all articles or
substances within the commonly accepted meaning of fireworks, whether herein
specially designated and defined or not.
The term "person", as used in this ordinance shall mean and include 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.
Section 2. General prohibition against manufacture, sale, discharge,
transportation, etc.
Except as otherwise specifically provided in this ordinance, it shall be
unlawful for any person to manufacture, assemble, store, transport, receive,
keep, sell, offer or have in his possession with intent to sell, use, discharge,
cause to be discharged, ignite, detonate, fire or otherwise set in action any
fireworks of any description.
Section 3. Permitted transportation.
It shall be lawful to transport I.C.C.-Class C Common Fireworks, as
defined in article 9205 Vernon's Texas Revised Civil Statutes, as amended, by
motor vehicles which meet the Interstate Commerce Commission requirement
for transportating I.C.C.-Class C Common Fireworks and equipped with at least
one ten (10) pound fire extinguisher for extinguishing Type B fire, along and upon
state and federally numbered highways within the Town of Trophy Club. It shall
further be lawful for bona fide fireworks dealers to transport I.C.C.-Class C
Common Fireworks, as defined in article 9205 Vernon's Texas Revised Civil
Statutes, as amended, along and upon state and federally numbered highways
within the Town of Trophy Club.
Section 4. Certain signal flares, torpedoes and rockets exempt from
ordinance.
This ordinance 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 this ordinance apply to any marine signal flare or rocket of
the type and kind commonly carried by a vessel at sea for its own use and which
signal flare or rocket is transported or received or stored for use ony as ship's
stores; nor shall this ordinance apply to signal flares or rockets for military or
police use, nor shall this ordinance apply to starter's blanks and pistols used at
athletic events.
Section 5. Toy pistol caps containing less than twenty-five one-
hundredths rains of explosive compounds excepted.
Toy paper pistol caps which contain less than twenty-five one-hundreths
(25/100ths) grains of explosive compounds shall not be affected by this ordinance
and the sale and use is permitted at all times.
Section 6. Illegal fireworks as nuisance; seizure and destruction, etc.
The presence of any fireworks within the jurisdiction of the Town in
violation of this ordinance is hereby declared to be a common and public
nuisance. The fire chief and fire marshal are 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 Town or any other duly constituted peace officer is
empowered to stop the transportation of and detain any fireworks found being
transported illegally or to close any building where any fireworks are found
stored illegally until the fire chief and 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 Town
Attorney is authorized to file suit on behalf of the Town 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
Town 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 7. Right of entry to enforce ordinance.
The fire chief is hereby authorized to enter any building, in accordance
with the laws of the State of Texas and of the United States, where the unlawful
presence of fireworks is suspected in order to inspect the same for the presence
of such fireworks; but such authority does not include the right to enter a
private dwelling or apartment.
Section 8. Public displays - When permitted.
The provisions of this ordinance shall not apply to a public display of
fireworks made under the terms and conditions of this ordinance and such a
display shall be permitted, upon compliance with the provisions of this ordinance.
Section 9. Same - Application for permit.
Any 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 chief at least twenty-four (24) hours in advance of the date
of the proposed display. No Town permit shall be issued until a permit issued
for said purposes has been issued by the State of Texas.
Section 10. Same - Issuance or denial and term of permit; permit not
transferable.
It shall be the duty of the fire chief to make an investigation as to
whether the display as proposed by the applicant for a permit under this
ordinance 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
ordinance. In the event the application is approved, a permit shall be issued for
the public display by the fire chief. 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
chief, he shall notify the applicant of the denial in writing.
Section 11. Same - Insurance or bond required.
The applicant for a display permit under this ordinance 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
Town Secretary a certificate of insurance evidencing the carrying of public
liability insurance in an amount not less than five hundred thousand dollars
($500,000.00) 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 five hundred thousand
dollars ($500,000.00), such policy to be approved by the fire chief. In lieu of
insurance, the applicant may file with the Town Secretary, a bond in the amount
of five hundred thousand dollars ($500,000.00) issued by an authorized surety
company approved by the fire chief, 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 negligence on the part of the
applicant or his agents, servants, employees, or subcontractors in the presen-
tation of the public display. The Town of Trophy Club shall also be designated
as an insured by the insurance policy and bonded by the bond.
Section 12. Same - Only aerial displays permitted.
Any fireworks display authorized under this ordinance shall be limited to
an aerial display.
Section 13. Same - Material not to be stored in city.
The material to be used for a public display authorized by this ordinance
shall not be stored within the Town 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 14. Same - Hazardous conditions prohibited.
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 chief.
Section 15. Same - Qualifications of persons handling fireworks.
The persons handling the display of fireworks under this ordinance shall be
competent, adult persons and experienced pyrotechnic operators approved by the
fire chief, and no person not approved by the fire chief shall handle fireworks
at the public display. The names of the experienced pyrotechnic operators shall
be designated on the permit issued.
Section 16. Same - Firemen to be present.
For each public display of fireworks under this ordinance, not less than
two (2) firemen of the Town 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 shall be paid in advance at the time of the applcation for the permit.
Section 17. Violations of ordinance.
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 two hundred dollars
($200.00) for each offense in accordance with Section 21 of this ordinance. If
the fireworks are separately wrapped or packaged, the doing or omitting to do
any act prohibited by this ordinance shall be a separate offense as to each such
separately wrapped or separately packaged fireworks. Each day that a violation
of this ordinance shall continue with respect to any package of fireworks shall
constitute a separate offense.
Section 18. Time within which to comply; five thousand feet.
Those persons, corporations, partnerships and associations who are
presently in the business of buying, selling or manufacturing fireworks within
Town limits of the Town of Trophy Club are hereby given ninety (90) days within
which to comply with the ordinance.
Section 19. This ordinance shall be cumulative of all other ordinances of
the Town affecting fire safety and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in
direct conflict with the provisions of this ordinance.
Section 20. If any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstance, is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this ordinance; and the
Town Council hereby declares it would have passed such remaining portions of
the ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
Section 21. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each
offense and a separate offense shall be deemed committed upon each day during
or on which a violation occurs.
Section 22. The fact that the present ordinances and regulations of the
Town of Trophy Club, Texas, are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the Town of
Trophy Club, Texas, creates an emergency for the immediate preservation of the
public business, property, health, safety, and general welfare of the public which
requires that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
PASSED AND APPROVED by the Town of Trophy Club, Texas, this the
13 day of January , 198 6 •
•
Ma or, Town of Tro Club, Texas
ATTEST:
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P n 'i j✓/l �� V ,2 A�i/
T w ?;.r etary, Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
A-)A34---'51-1.
Town Attorney, Town of Trophy Club, Texas