ORD 12 04/16/1969 •
110
CITY OF CIBOLO
GUADALUPE COUNTY Ordinance #12
CIBOLO,TEXAS
April 16, 1969
FIRE-WORKS ORDINANCE:
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 injunctive relief in
aid:6f this ordinance; providing penalities for
violation of this ordinance; providing that
this ordinance shall be applicable and in force
within the city and shall also be applicable
and in force within the area immediately adjacent
and contiguous to the city limits of the City of
Cibolo and extended for a distance outside the
city limits for a total of 500 feet, excepting how-
ever any portion of such area included in any other
municipal corporation; providing that any present
licensee shall have until Secember 15, 1969, to
remove:Tireworks from the jurisdiction of the city;
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 Cibolo.
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SECTION 1. Definition - The term "fireworks" as used in this ordinanc,d
shall mean and include any firecrackers, cannon crackers, skyrockets,
torpedoes , Roman candles, sparklers, squibs, fire balloons, 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
shall also include all warehousemen, common and private carriers, bailees,
trustees, receivers, executors and administrators.
SECTION 2. 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 otherwisefset in action any fireworks
of any description.
SECTION 3 . 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 trans-
ported by any such railroad for use in railroad operation; nor shall this
ordinance apply to any marine signal flare or rocket of the type and kind
commonly carried by a vessel at sea for its own use and which signal
flares or rockets are transported or received or stored for use only as
ship' s stores nor shall this ordinance apply to signal flares or rocket
for military or police use.
SECTION 4. Fireworks a public Nuisance. The presence of any fireworks
within the jurisdiction of the City of Cibolo in violation of this ordinance
is hereby declared to be a common and public nuisance. The Fire Marshal is
directed and required to seize and cause to be safely destroyed any fire-
works 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 Cibolo or any police officer of the City of Cibolo or any other duly
constituted peace officer is empowered to stop the transportation of and
detain any fireworks found stored illegally until the Fire Marshal can be
notified in order that the said fireworks may be seized and destroyed
in accordance with the term of this section. Not withstanding any penal
provision of this article, the City Attorney is authorized to file suit on
behalf of the City of Cibolo or the Fire Marshal or both for injunctive
relief as may be necessary to prevent unlawful storage, transporation,
keeping or use of fireworks within the jurisdiction of the City and to aid
the Fire Marshal 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 prerequisite to such seizure and destruction. The Fire Marshal
or any member of the Fire Prevention Division of the City of Cibolo is
hereby authorized to enter any building where the unlawful presence of
fireworks is suspected:An order to inspect the same for the presence of
such fireworks.
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SECTION 5. Penalties. Any person, who shall manufacture, assemble,
store, transport, 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 each such separately
wrapped or separately packaged fireworks. Each day that a violation
of this ordinance shall continue with respect to any package of fireworks
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 Ten Dollars ($10.00) 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 Ten dollars ($10.00) nor more than Two Hundred Dollars
( $200.00) .
SECTION 6. Territorial Applicability. (A) This ordinance shall
be applicable and in force throughout the territory of the City of Cibolo
within its corporate limits.
SECTION 7. Temporary Exception for Existing Licensees. Not-
withstanding any other provision of this ordinance, any person, who,
upon the effective date of this ordinance hold a permit for storage
or sale of fireworks shall be permitted to continue such storage of
fireworks until 12 :01 A.M. December 15, 1969. During such period of time
it shall be lawful for such person or any carrier acting for such person
to transport such fireworks from the licensed location to any point
outside of the city limits and beyond the five hundred feet area defined
herein. At 12:01 A.M. December 15 , 1969, the provisions of this section
shall expire and be of no further force and effect.
SECTION $. Not Necessary to Negative Exceptions. In any pro-
secution for any violation of this ordinance, it shall not be necessary
for the prosecution to negative any provision or exception but the same
may be raised by the defendant by way of defense.
SECTION 9. 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, is for any reason held to be
unconstitutional, void or invalid (or for any reason unenforceable) , the
validity of the remaining portions of this ordinance or their application
to other persons or set of circumstances shall not be affected there-
by, it being the intent of the City Council of the City of Cibolo in
adopting this ordinance, that no portion thereof or provision or regulation
contained herein shall become inoperative or fail by reason of any uncon-
stitutionality or invalidity of any other portion, provision, or regulation,
and to this end, all provisions of this ordinance are declared to be
severable.
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1 Be it ordained by the city O� CD c+ C) I-4'i
council of The City of Cibolo. H (D (p�' 0 F'•
Ray Corbett, 0 p
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