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O-72-219A - 01/06/19724 ORDINANCE NO. 219 AN ORDINANCE PROHIBITING FIREWORKS; DEFINING, THE TERM FIREWORKS; PROVIDING CERTAIN EXCEPTIONS; DECLARING FIREWORKS TO BE A PUBLIC NUISANCE AND AUTHORIZING THEIR SEIZURE AND DESTRUCTION WHERE FOUND IN VIOLATION OF THIS ORDINANCE; AUTHORIZING THE PROSECUTION OF SUITS FOR IN.TUCTIVE RELIEF IN AID OF THIS ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE APPICABLE AND IN FORCE WITHIN THE CITY LIMITS OF THE CITY OF ROUND ROCK, TEXAS; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS AND PROSECUTIONS UNDER THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK: SECTION I. Definitions - The term "fireworks" as used in this ordinance shall mean and include any fireworks, cannon crackers, skyrockets, torpedoes, roman candles, sparklers, squibs, fire ballons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display and shall include all articles or substances within the commonly accepted meaning of fireworks whether herein specially designated and defined or not. The term "person" shall mean and include any natural person, association of persons, partnerships, corporations, agent or officer of corporation, and also includes all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. SECTION II. Fireworks Prohibited. It shall be unlawful for any person to manufacture, assemble, store, transport, receive, keep, sell, offer 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. SECTION III. Exceptions. This ordinance shall not apply to signal flares and torpedoes of the type and kind commonly used by any railroad and which signal flares and torpedoes are received by and stored or transported by any such rail- road for use in railroad operation. SECTION IV. Fireworks a Public Nuisance. The presence of any fireworks within the jurisdiction of the City of Round Rock in violation of this ordinance is here- by declared to be a common and public nuisance. The Fire Chief is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this ordinance and any member of the Fire Prevention Division of the Fire Department of the City of Round Rock or any police officer of the City of Round Rock or any other duly constituted peace officer is em- powered to stop the transportation of and detain any fireworks found being trans- ported illegally or to close any building where any fireworks are found stored illegally until the Fire Chief can be notified in order that the said fireworks may be seized and destroyed in accordance with the terms of this section. Notwith- standing any penal provision of this article, the City Attorney is authorized to file suit on behalf of the City of Round Rock or the Fire Chief or both for in- junctive relied as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the City and to aid the Fire Chief in the discharge of his duties and to particularly prevent any person from interfering with the seizure and destruction of such fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequistite to such seizure and destruction. The Fire Chief or any member of the Fire Prevention Division of the City of Round Rock is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks. SECTION V. Penalties. Any person who shall manufacture, assemble, store, trans- port, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks shall be fined Two Hundred Dollars ($200.00) for each offense. If the fireworks be separately wrapped or packaged, the doing or omitting to do any act prohibited by this ordinance shall be a separate offense as to such separately wrapped or separately packaged fireworks. Each day that a violation of this ordinance shall continue with respect to any package of fire- works shall constitute a separate offense. Any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks shall be fined not less than Twenty five dollars ($25.00) nor more than Two Hundred Dollars ($200.00). Any parent or guardian of any minor child below the age of fourteen (14) who permits or allows such minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks shall be fined not less than Twenty-five dollars ($25.00) nor more than Two Hundred Dollars ($200.00). SECTION VI. Not Necessary to Negative Exceptions. In any prosecution for any violation of this ordinance, it shall not be necessary for the prosecution to to negative any provision or exception but the same may be raised by the de- fendent by way of defense. SECTION VII. Severability Clause. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, if for any reason held to be unconstitutional, void or in- valid (or for any reason unenforceable), the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Round Rock in adopting this ordinance, that no portion thereof or pro- vision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and to this end, all provisions of this ordinance are declared to be severable. SECTION VIII. It is hereby provided that any person, organization or corporation may make application to the City of Round Rock for special permit to allow and authorize fireworks displays and accompany such application with a detailed description of such display giving the time, location, and other pertinent in- formation as may be required. Such firework displays shall not be considered a violation of this ordinance. SECTION IX. There exists a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this ordi- nance shall be passed finally on the date of its introduction, this 6. day of 411.l Ge -- Z4 /972, and shall take effect immediately upon its passage and app Oval by the 2'ayor. Passed this day of Approved this C(i day of G LL.c2-tU ATTEST; MW eL /1a,'- cLi MARCARETATTERT, CITY SECRETARY kU04 DALE HESTER, • OR, CITY OF ROTUND ROCK