G-05-02-10-11B1 - 2/10/2005ORDINANCE NO. -1D5- B )
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 5, SECTION
5.601 REGARDING FIREWORKS; 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
(1) This section shall apply to fireworks, except as provided in paragraph (2) below:
(2) Nothing in this section shall be construed to prohibit any resident wholesaler, dealer, or
jobber to sell at wholesale such fireworks as are not prohibited in this section; or the sale
of any kind of fireworks, provided that the same are to be shipped directly out of state,
in accordance with the Interstate Commerce Commission regulations covering the
transportation of explosives and other dangerous articles by motor, rail, and water; or the
use of fireworks by railroads or other transportation agencies for signal purposes or
illumination; or the sale or use of blank cartridges for a show or theater, or for signal or
ceremonial purposes in athletics or sports; or for use by military organizations.
The storage, offering for sale, exposing for sale, selling at retail, 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.
(3)
H.
A. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
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B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
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 day of
, 2005.
READ, APPROVED and ADOPTED on reading this the _
nth
_
1U day of 4LUJUl
ST:
, 2005.
EL , M or
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec
tary
2
DATE: February 4, 2005
SUBJECT: City Council Meeting - February 10, 2005
ITEM: 11.B.1. Consider an ordinance amending Chapter 5, Section 5.601, Code
of Ordinances (1995 Edition) regarding fireworks. (First Reading)
Department: Administration/Legal
Staff Person: Jim Nuse, City Manager and Steve Sheets, City Attorney
Justification:
Among other things, Section 5.601 prohibits the sale of fireworks within 5,000 feet of
the City's corporate limits. Late last year a lawsuit was filed by the owner of a retail
fireworks business challenging the validity of the City's ordinance prohibiting the sale of
fireworks. Among other grounds, the Plaintiff in that lawsuit alleged that a phrase in the
City's ordinance prevented the City from enforcing the prohibition of fireworks stands
located within the extraterritorial jurisdiction of another city. The fireworks stand in
question is located within the ETJ of Austin, but also within 5,000 feet of the corporate
limits of Round Rock.
This ordinance will delete the phrase, thereby making it clear that the City intends to
enforce the prohibition against the sale of fireworks within 5,000 feet of its corporate
limits, including any portion thereof that falls within the extraterritorial jurisdiction of
another city.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A