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HomeMy WebLinkAboutOrd 269-2006 Regulating Fireworks.pdfClTY OF ANNA, TEXAS ORDINANCE NO. 269-2006 AN ORDINANCE OF THE ClTY OF ANNA, TEXAS, DEFINING AND REGULATING FIREWORKS; REPEALING ORDINANCE 88-2003 RELATING TO FIREWORKS AND ANY CONFLICTING ORDINANCES; DECLARING PUBLIC NUISANCE; PROVIDING FOR PROHIBITIONS AND RESTRICTIONS; PROVIDING FOR LIMITED PERMITS; PROVIDING FOR APPLICABLE TERRITORY; PROVIDING FOR NO EFFECT ON CIVIL LIABILITY; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that the use of Fireworks and other inflammable or explosive devices constitutes a potential threat and hazard to the health, safety, and welfare of citizens of the community; and WHEREAS, the City Council believes that regulation of Fireworks and other inflammable or explosive devices is necessary to protect the health, safety, and welfare of the people of the community; NOW THEREFORE BE IT ORDAINED BY THE ClTY COUNCIL OF THE ClTY OF ANNA, TEXAS: Section I. Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "Fireworksn means any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration or detonation, and which meets the definition of "consumer (Explosive's 1.4G)", "theatrical and novelty (Explosives 1.4s)" or "display (Explosive's 1 -3G)" Fireworks as set forth in the U.S. Department of Transportation's (DOT) Hazardous Materials Regulation, Title 49, Code of Federal Regulations (CFR), Parts 171-1 80. Specifically excluded from this definition and not regulated by this Ordinance are: (1) toy caps for use in toy pistols, toy canes, or toy guns, and novelties and trick noisemakers manufactured in accordance with DOT regulations, 49 CFR 173.100 (p), and packed and shipped according to said regulations; ORD No. 269-2006 Defining and Regulating Fireworks 1 (2) model rockets and model rocket motors designed, sold, and used for the purpose of propelling recoverable aero models; (3) propelling or expelling charges consisting of a mixture of sulfur, charcoal, saltpeter when not designed or intended for the purpose of producing audible effects; (4) the sale or use of, in emergency situations, pyrotechnic signaling devices or distress signals for marine, aviation or highway use; (5) the use of a fuse or a railway torpedo by a railroad; (6) the sale of blank cartridges for use in a radio, television, film or theater production; a signal or ceremonial purpose in an athletic event; or an industrial use; (7) the use of a pyrotechnic device by a military organization; (8) ammunition for rifle, pistol, or shotgun; (9) ammunition with inert projectile or blank ammunition; (10) ammunition not exceeding 50 caliber for fie or pistol; (1 1) cartridges or 8 gauge for shotgun shells; and (12) smokeless powder and other gunpowder-like propellants used in firearms which produce negligible smoke when fired. "Person" means a natural or legal Person, parent, guardian, association, firm, company, whether incorporated or unincorporated. Section 2. Public Nuisance The presence of any Fireworks in violation of this Ordinance is hereby declared to be a public nuisance. In accordance with departmental policies and applicable federal and state law, the Fire Marshal, Chief of Police, and Code Enforcement Officers are hereby empowered to direct the seizure and safe destruction of any Fireworks found within the jurisdiction of the City. Any member of the police department--or any fire department that provides fire prevention services to all or a part of the terrrtory described in Section 5 of this Ordinance-IS empowered to stop and detain the illegal transportation of any Fireworks, and to close any building where Fireworks are illegally stored, in order that said Fireworks may be seized and destroyed. Notwithstanding any penal provision afforded in this Ordinance, the City Attorney is authorized to file suit on behalf of the City for such injunctive relief as may be necessary to prevent the violation of any provision of this Ordinance, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. Section 3. Prohibitions and Restrictions Except as otherwise specifically provided in this Ordinance, it is unlawful for any Person to manufacture, assemble, store, transport, keep, sell, offer for sale, ORD No. 269-2006 Defining and Regulating Fireworks 2 06-13-06 possess with intention to sell, use, discharge, ignite, detonate, fire, or otherwise set in action any Fireworks of any type within the territory described in Section 5 of this Ordinance, or to permit any such violation of this Ordinance. No Person shall ignite or explode any inflammable or explosive device or chemical composition or substance, including but not limited to railroad torpedoes, blasting powder, dynamite, dynamite caps, flashlight powder, or signal lights, except in the use of such devices, compositions, or substances for industrial, commercial, professional, scientific, or other practical purposes. Section 4. Permit The Fire Marshal is authorized to issue permits for public or private displays of Fireworks, to be conducted under supervision of the police department or Fire Marshal, at such times and places and under such restrictions as in the opinion of the Fire Marshal shall afford adequate safeguards for life and property. After such privileges have been granted, sales, possession, use, and distribution of Fireworks for such displays shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Before any permit for a pyrotechnic display shall be issued, the Person, firm, or corporation making application therefore shall furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of such Person, in such amount, character, and form as the Fire Marshal determines to be necessary for the protection of the public. Section 5. Territorial Application This Ordinance shall be applicable within the corporate limits of the Crty and further within the area immediately contiguous and adjacent to the City limits, extending for a total distance of 5,000 feet; provided, however, that this Ordinance shall not apply within any portion of said 5,000-feet area which is contained within the territory of any other municipal corporation. Section 6. Civil Liabilitv, Persons Not Relieved Nothing in this Ordinance shall relieve any Person from any civil liability in connection with the manufacture, storage, transportation, possession, sale, or use of Fireworks or other device, composition, or substance referenced in this Ordinance. Section 7. Repeal Provision City of Anna, Texas Ordinance 88-2003 is repealed in its entirety effective immediately upon this Ordinance becoming effective. All parts of any other ORD No. 269-2006 Defining and Regulating Fireworks 3 06-13-06 ordinance in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. Section 8. Penalties A Person commits an offense if the Person violates any part of this Ordinance. An offense of this Ordinance is a Class C misdemeanor. Any Person convicted of violating this Ordinance shall be fined in an amount not to exceed $2,000 for each incident of violation. Each day of the continuance of such violation shall be considered a separate offense and shall be punished separately. No Person shall have any claim for return of or reimbursement for any Fireworks seized in connection with the enforcement of this Ordinance. The penal provisions . imposed under this Ordinance shall not preclude the City from filing suit to enjoin the violation. The City retains all legal rights and remedies available to it pursuant to local, state and federal law. Section 9. Severance If any part of this Ordinance is for any reason found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, all other parts nevertheless shall remain valid, legal, and enforceable. Section 10. Effective Date This Ordinance shall be effective upon the posting andlor publication of its caption as required by law and the City Secretary is hereby directed to implement such posting andlor publication. PASSED by the City Council of the City of Anna, Texas, by the following votes on this the 13'~ day of June, 2006. AYE 6 NAY 1 ABSTAIN 0 ATTEST: APPROVED: ORD No. 269-2006 Defining and Regulat