ORD 797 03/13/2007 ORDINANCE 797
AN ORDINANCE AMENDING ORDINANCE NUMBER TWELVE (12) OF
THE CITY OF CIBOLO DECLARING THAT THE POSSESSION, USE,
MANUFACTURE, SALE, OFFER FOR SALE AND DISCHARGE OF
FIREWORKS TO BE A PUBLIC NUISANCE AND PROHIBITING THE
POSSESSION, USE, MANUFACTURE, SALE, OFFER FOR SALE AND
DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF
THE CITY OF CIBOLO AND WITHIN 5,000 FEET OF THE
CORPORATE LIMITS OF THE CITY OF CIBOLO; PROVIDING A
PENALTY FOR VIOLATIONS; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS the City Council s sks to promote the health, safety and general
welfare of the community by preventing death, injuries and property damage within the
City limits and within 5,000 feet of its jurisdictional limits; and
WHEREAS the City Council finds that the possession, use, manufacture, sale,
offer for sale and discharge of fireworks will result in bodily injury, death, and property
damage; and
WHEREAS the City Council finds that the possession, use, manufacture, sale,
offer for sale and discharge of fireworks, especially in the confines of a municipality and
within 5,000 feet of its jurisdictional limits, is dangerous not only to property but also to
persons, and results annually in the loss of property and the loss of life; and
WHEREAS the City Council finds that the indiscriminate use of fireworks
constitutes a menace to life, limb, and health to the users and their associates,
increases the hazard and loss by fires, and constitutes a common public nuisance,
which should be prevented and abated by law; and
WHEREAS the City Council finds that the noise generated by the use or
combustion of fireworks and explosives constitutes a public nuisance; and
WHEREAS pursuant to Texas Local Government Code section 51 the City
Council has the express authority to adopt and publish an ordinance or police regulation
that is for the good government, peace or order of the municipality and is necessary or
proper for the carrying out a power granted by law to the municipality; and
WHEREAS pursuant to Texas Local Government Code section 217 the City
Council has the express authority to prevent and abate any nuisance within the limits of
the municipality; and
WHEREAS pursuant to Texas Local Government Code section 217 the City
Council has the express authority to have any nuisance removed at the expense of the
owner of the nuisance or the person who owns the property on which the nuisance
exists; and
WHEREAS pursuant to Texas Local Government Code section 54 the City
Council has the express authority to enforce local ordinances and to prescribe penalties
for the violation of those ordinances in accordance with the guidelines of that section.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO, TEXAS:
That Ordinance Number Twelve (12) of the City of Cibolo, Texas is hereby
amended as follows:
Fireworks
(a) Definition. For the purposes of this section, "fireworks" are defined as any
composition or device designed to produce a visible or audible effect by combustion,
explosion, deflagration, or detonation.
(b) Public Nuisance and Prohibition. The possession, use, manufacture, sale, offer for
sale, give away, or discharge of fireworks within the city limits of the City of Cibolo, or
within 5,000 feet of the city limits of the City of Cibolo is hereby declared to be a
common and public nuisance and it shall be unlawful for any person to possess, use,
manufacture, sell, offer for sale, give away, or discharge fireworks within the city limits
of the City of Cibolo, or within 5,000 feet of the city limits of the City of Cibolo.
(c) Exceptions. This section does not apply to:
(1) Toy pistols, toy canes, toy guns, or other devices that use paper or plastic
caps;
(2) Model rockets and model rocket motors, designed, sold, and used for the
purpose of propelling recoverable areo models;
(3) The sale, and use in emergency situations, of pyrotechnic signaling devices
or distress signals for aviation, or highway use;
(4) The use of fuse and railway torpedoes by railroads;
(5) The sale of blank cartridges for use in radio, television, film, or theater
productions for signal or ceremonial purposes in athletic events, or for industrial
purposes; or
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(6). The use of any pyrotechnic device by military organizations.
(d) Public displays exempted. The provisions of section 54-126 shall not apply to a
public display of fireworks made under the terms and conditions of this section, and
such display shall be permitted upon compliance with the provisions of city's adopted
fire prevention code and of this section, as follows:
(1) Any adult person or any firm, co-partnership, corporation or association
planning to make a public display of fireworks shall first make written application
for a permit to the fire marshal at least 14 days in advance of the date of the
proposed display.
(2) It shall be the duty of the fire marshal to make an investigation as to whether
thedisplay as proposed by the applicant for 3 permit under this article shall be of
such a character that it may be hazardous to property or dangerous to any
person; and he shall, in the exercise of reasonable discretion, grant or deny the
application, subject to the conditions prescribed in this section. If the application
is approved, a permit shall be issued for the public display by the fire marshal.
Such permit shall be for a period of time designated on the permit, but shall not
exceed 14 days, and the permit shall not be transferable. If the application is
denied by the fire marshal, he shall notify the applicant of the denial in writing.
(3) The applicant for a display permit under this section shall, at the time of
making application, furnish proof of compensation insurance employees as
provided by the laws of the state; and shall file with the fire marshal a certificate
of insurance evidencing the carrying of public liability insurance in an amount not
less than $300,000.00, issued by an insurance carrier authorized to transact
business in the state, for the benefit of the person named therein as insured, as
evidence of ability to respond in damages in at least the amount of$300,000.00,
such policy to be approved by the fire marshal. In lieu of insurance, the applicant
may file with the fire marshal a bond in the amount of$300,000.00, issued by an
authorized surety company approved by the fire marshal, conditioned upon the
applicant's payment of all damages to persons or property which shall or may
result from or be caused by such public display of fireworks or any negligence on
the part of the applicant or his agents, servants, employees, or subcontractors in
the presentation of the public display.
(4) The range of aerial displays shall not be more than 200 feet, and the
fireworks shall be discharged vertically from tubes approved by the fire marshal.
(5) The limit of a display authorized by this section shall be not more than 45
minutes per performance, and there shall not be more than two performances in
each 24 hours.
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(6) No public display of fireworks shall be of such a character and so located,
discharged, or fired as to be hazardous or dangerous to persons or property, and
this determination shall be within the sound discretion of the fire marshal.
(7) The persons handling the display of fireworks under this section shall be
competent, adult persons and experienced pyrotechnic operators approved by
the fire marshal. No person not approved by the fire marshal shall handle
fireworks at the public display. The names of the experienced pyrotechnic
operators shall be designated on the permit issued.
(8) For each public display of fireworks under this section, the fire marshal may
require that not less than two firefighters of the city be in attendance during the
display. The expense of such firefighters at the display shall be borne by the
applicant for the permit and shall be paid in advance at the time of the application
for the permit.
(9) The material to be used for a public display authorized by this section shall
not be stored within the city limits, but shall be brought in on the day of the public
display and then shall be taken immediately to the place of display for further
handling and storage.
(d) City Attorney Authority. Notwithstanding any penal provision of this article, the city
attorney is authorized to file suit on behalf of the city, the fire marshal, or both, for such
injunctive relief as may be necessary to prevent a violation of this Ordinance. It shall not
be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks.
(e) Penalty. The violation of this section is punishable by a fine not exceeding
$2,000.00. Each day any violation of this section continues shall constitute a separate
offense. If fireworks are separately wrapped or packaged, the commission or omission
of any act prohibited by this article shall be a separate offense as to each such
separately wrapped or separately packaged fireworks.
II.
This Ordinance shall be cumulative of all provisions of ordinances of the City of
Cibolo, Texas, except where the provisions of the Ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
I11.
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It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
This Ordinance shall become adopted and effective ten (10) days after the date
of publication in a newspaper.
PASSED AND APPROVED THIS /3 DAY OF i'''1 et-r�A , 20f,
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of Cib i •, Texas
ATTEST:
.....,____, ..,,, 2„.....,„
Peggy Cimics
City Secretary
City of Cibolo, Texas
APPROVED AS TO FORM:
SUSAN ROCHA
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City Attorney
City of Cibolo, Texas
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