G-05-06-23-13A1 - 6/23/2005ORDINANCE NO. 0- 65- Q -3-/3R/
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTIONS
5.601 AND 5.603 REGARDING FIREWORKS AND ADDING SECTION
5.607 REGARDING A DEFENSE; AND PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES OR
RESOLUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
I.
That Chapter 5, Section 5.601, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
SECTION 5.600 FIREWORKS
5.601 APPLICABILITY OF SECTION
(3)
The storage, offering for sale, exposing for sale, selling at retail, possession, or using or
exploding any fireworks is hereby declared to be a nuisance, and this section shall be
applicable and in force in the corporate limits and within the area immediately adjacent and
contiguous to the city and extending for a distance outside the city for a total of five
thousand feet (5,000), and it shall be unlawful to do or perform any act in violation of this
section within such area of five thousand feet (5,000) outside the city.
II.
That Chapter 5, Section 5.603, Code of Ordinances (1995
Edition), City of Round Rock, Texas, is hereby amended to read as
follows:
5.603 MANUFACTURE, SALE, POSSESSION AND DISCHARGE
(2) Except as provided in this section, it shall be unlawful for any person to store, to offer for
sale, expose for sale, sell at retail, possess, or use or explode any fireworks; provided,
that the state fire marshal or other appropriate state official or department, or any city
authorities delegated by the state fire marshal, may adopt reasonable rules and regulations
for the granting of permits for supervised public displays of fireworks by cities, fair
associations, amusement parks, and other organizations or group of individuals. Such
permits may be granted upon application to the state fire marshal and after approval of the
city, police and fire authorities, and the filing of a bond by the applicant as provided in
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this section. Every such display shall be handled by competent operators licensed or
certified as to competency by the state fire marshal and shall be of such composition,
character, and so located, discharged or fired as in the opinion of the fire marshal, after
proper inspection, and of the chief of police, shall not be hazardous to property or
endanger any persons.
That Chapter 5, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended to add Section 5.607 to read
as follows:
5.607 AFFIRMATIVE DEFENSE
(1)
In this section, "passenger area" means the area of a motor vehicle designed for the
seating of the operator and passengers of the vehicle. The term does not include:
(a) a glove compartment or similar storage area that is locked;
(b) the trunk of a vehicle; or
(c) the area behind the last upright seat of the vehicle, if the vehicle does not
have a trunk.
(2) It is an affirmative defense to prosecution of a charge of possession of fireworks under this
section if:
(a) the defendant was operating or was a passenger in a motor vehicle that
was being operated in a public place; and
(b) the fireworks were not in the passenger area of the motor vehicle.
IV.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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C. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of 2005.
Alternative 2. ,
READ and APPROVED on first reading this the 1
day of
, 2005.
READ, APPROVED and ADOPTED on second reading this the
3 day of
AT
, 2005.
LL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secreta
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DATE: June 16, 2005
SUBJECT: City Council Meeting - June 23, 2005
ITEM: *13.A.1. Consider an ordinance amending Chapter 5, Sections 5.601 and 5.603
of the Round Rock Code of Ordinances regarding the prohibition of
fireworks. (Second Reading)
Department: Administration Department
Staff Person: Jim Nuse, City Manager
Justification:
The City's current fireworks ordinance declares fireworks to generally be a nuisance and
prohibits fireworks within the City and within the 5,000 buffer outside the City's corporate
limits. This modification clarifies that the intent that possession of fireworks is prohibited.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A