O-81-921 - 8/27/1981TEXAS
ORDINANCE NO. 9,:g
AN ORDINANCE AMENDING CHAPTER 5, CODE OF ORDI-
NANCES, CITY OF ROUND ROCK, TEXAS BY ADDING SECTION
6 REGULATING THE SALE AND USE OF FIREWORKS;
DEFINING "FIREWORKS"; REGULATING THE MANUFACTURE,
SALE AND DISCHARGE OF FIREWORKS; REGULATING DIS-
PLAYS; PROVIDING FOR SEIZURE OF UNAUTHORIZED FIRE-
WORKS; PROVIDING A PENALTY; PROVIDING A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
I.
That Chapter 5, Code of Ordinances, City of Round Rock,
Texas is hereby amended by adding a Section, to be numbered
Section 6, said Section to read as follows:
SECTION 6: FIREWORKS
A. Applicability of Section.
(1) This Section shall apply to fireworks, except
as provided in subsection (2) of this section.
(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 Com-
merce Commission regulations covering the
transportation of explosives and other danger-
ous articles by motor, rail and water; or the
use of fireworks by railroads or other trans-
portation 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.
(3)
Pursuant to Vernon's Ann.Civ.St. Art. 1175,
Section 19 the storage, offering for sale,
exposing for sale, selling at retail or using
or exploding any fireworks is hereby declared
to be nuisance and this section shall be
applicable and in force in the corporate
limits and within the area immediately adja-
cent and contiguous to the city and extending
for a distance outside the city for a total
of five thousand feet, and it shall be unlaw-
ful to do or perform any act in violation of
this article within such area of five
thousand feet outside the city; provided,
that this section shall not apply within any
portion of such five thousand feet area which
is contained within the territory of any
other municipal corporation.
B. "Fireworks" defined.
For the purposes of this section, "fireworks" shall
mean and include any combustible or explosive com-
position, or any substance or combination of sub-
stances, or article prepared for the purpose of
producing a visible or an audible effect by combus-
tion, explosion, deflagration or detonation,
including blank cartridges, toy pistols, toy can-
nons, toy canes or toy guns in which explosives are
used, the type of balloons which require fire under-
neath to propel the same, firecrackers, torpedoes,
skyrockets, Roman candles, sparklers or other
devices of like construction, and any devices con-
taining any explosive substance, except that the
term "fireworks" shall not include auto flares,
paper caps containing not in excess of any average
twenty-five hundredths of a grain of explosive con-
tent per cap manufactured in accordance with the
Interstate Commerce regulations for packing and
shipping as provided therein, and toy pistols, toy
canes, toy guns or other devices for the use of
such caps, the sale and use of which shall be
permitted at all times.
C. Manufacture, sale and discharge.
(1) The manufacture of fireworks is prohibited
within the city.
(2) Except as provided in this article, it shall
be unlawful for any person to store, to offer
for sale, expose for sale, sell at retail 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 mar-
shal, may adopt reasonable rules and regula-
tions for the granting of permits for super-
vised 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 this article. 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.
(3) Application for permits shall be made, in
writing, at least thirty days in advance of
the date of the display. After such privilege
has been granted, sale, possession, use and
distribution of fireworks for such display
shall be lawful for that purpose only. No
permit granted hereunder shall be transfer-
able.
(4) The sale, possession, use and distribution of
fireworks for display purposes shall be con-
ducted in accordance with nationally recog-
nized good practices. (See NFPA No. 49-1964
ed.)
2
D. Fireworks displays - Bond and proof of financial
responsibility required.
(1) The city council shall require a bond for a
licensee under this article, in a sum not
less than one thousand dollars, conditioned
on compliance with the provisions of this
chapter and the regulations of the state fire
marshal; provided, that no municipality shall
be required to file such bond.
(2) Before any permit for a pyrotechnic display
shall be issued, the person making applica-
tion therefor shall furnish proof of finan-
cial responsibility to satisfy claims for
damages to property or personal injuries
arising out of any act or omission on the
part of such person or any agent or employee
thereof, in such amount, character and form
as the state fire marshal determines to be
necessary for the protection of the public.
E. Disposal of unfired fireworks.
Any fireworks that remain unfired after a display
under this article is concluded shall be immediate-
ly disposed of in any way safe for the particular
type of fireworks remaining.
F. Seizure of unauthorized fireworks.
The fire marshal, chief of police, or their desig-
nates shall seize, take, remove or cause to be
removed at the expense of the owner all stocks of
fireworks offered or exposed for sale, stored or
held in violation of this article.
II.
A. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
B. All ordinances, parts of ordinances, or resolutions
in conflict herewith are expressly repealed.
READ and APPROVED on first reading this the �� 7-1/ day
, 1981.
READ, APPROVED
/ rH day of , 1981.
and ADOPTED on second reading this the
ATTEST:
NNE LAND, Cit Secretary
RRY L. TO N, ayor
City of Round Rock, Texas
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