HomeMy WebLinkAboutOrd 088-2003 Fireworks Ordinance.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 88-2003
AN ORDINANCE DEFINING FIREWORKS; PROHIBITING IGNITION, EXPLOSION,
POSSESSION AND/OR SALE OF FIREWORKS AND AUTHORIZING SEIZURE OF
FIREWORKS IN VIOLATION OF THIS ORDINANCE; PROVIDING FOR A PERMIT
PROCESS FOR FIREWORKS DISPLAYS; PROHIBITING IGNITION OR EXPLOSIION
OF INFLAMMABLE OR EXPLOSIVIE DEVICES OR SUBSTANCES; REPEALING
PROVISIONS OF ANY ORDINANCE IN CONFLICT WITH THIS ORDINANCE;
SETTING AN EFFECTIVE DATE; AND PROVIDING A PENALTY NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00) FOR VIOLATION OF THIS ORDINANCE.
WHEREAS, the 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 citizens of the
community; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS:
Section 1. Definitions
The term "fireworks" as used in this article shall mean include any firecrackers, cannon
crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells,
gerbs, or any other device or 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
specifically designated and defined or not. The term does not include toy pistols, toy canes, toy
guns, or other similar devices in which paper caps containing twenty-five one hundredths
(25/100ths) grains or less of explosive compounds are used.
Section 2. Igniting or Exploding Prohibited Except Under Permit
No person shall ignite or explode any fireworks within the city, except as provided under Section
4 of this ordinance.
Section 3. General Prohibition Against Possession, Sale, Etc., Without Permit; Seizure
and Destruction of Fireworks
Except as otherwise specifically provided in this ordinance it shall be unlawful for any person to
manufacture, assemble, store, transport, keep, sell, offer for sale, 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 within the city.
The fire marshal, his deputy, or any police officer is directed and authorized to seize and cause
to be safely destroyed any fireworks found in violation of this ordinance.
Page 1 of 2
Section 4. Permits for Displays
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 restriction as in the opinion of the fire marshal shall afford adequate safeguards
for life and property.
Section 5. Explosives Not To Be Ignited Except For Legitimate Purposes
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 6. Civil Liability, 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
All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of
such conflict hereby repealed.
Section 8. Penalties
Any violation of any of the terms of this ordinance, whether herein denominated as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined
in an amount not to exceed five hundred dollars ($500.00) for each incidence of violation. Each
day of the continuance of such violation shall be considered a separate offense and be
punished separately.
Section 9. Effective Date
This ordinance shall be effective upon the posting and/or publication of its caption as required
by law and the City Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, by the following vote on this the 29th
day of July, 2003.
AYES: 4 NAYS: 0 ABSTENTIONS: 0
ATTEST:
APPROVED:
City Secretary ,r''N(ayor
Page 2 of 2