Ord 1367 06/28/2022 Fireworks I
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"City of;Choice"
'ORDINANCE NO: _ .
AN `ORDINANCE AMENDING .CHAPTER 46 ARTICLE IV .OF THE.
CITY'S CODE OF ORDINANCES;'-AND REPEALING ORDINANCE
NUMBER 110.4 OF THE''CITY OF"CIBOLO, TO DECLARE THAT THE . .
POSSESSION; USE,..MANUFACTURE SALE, ,OFFER FOR SALE AND
DISCHARGE OF FIREWORKS IN THE CITY OF .CIBOLO..TO BE A
PUBLIC NUISANCE; PROHIBITING THE POSSESSION, USE;
MANUFACTURE, SALE, OFFER FOR SALE AND DISCHARGE. OF
FIREWORKS:WITHIN THE.:CORPOR-ATE LIMITS .OF THE CITY OF
GIBOLO, PROVIDING :.A. PENALTY FOR VIOLATIONS, A
SEVERABILITY CLAUSE,.AND SETTING AN EFFECTIVE DATE:
WHEREAS the City Council-finds that the possession, use; manufacture, sale, offer for
sale,.and disc.arge.of(reworks wilTresult in.hio.dily irij:ury, deafli,;and propeifiy damage; and
WHEREAS'the.City Council finds that the.indiscriminate use of fireworks constitutes a
menace tolife, 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 preveinted and.abated by law;
Arid
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 Ari ordinance or police regulation that is:for the good
goyernmerit, 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 Occupations .Code, Section 2154:004•(b), the .City is
authorized to prohibit or regulate fireworks within the city limits;and
WHEREAS ;pursuant to Texas Local Government Code 'Section ;17 the City Council
has the express authorityy to prevent andabate any nuisance within the limits.o f the municipality
and to have.aiiy nuisance removed at the expense of the owner of.the nuisance or the person who'
owns the property on which the nuisance exists;and,
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WHEREAS;pursuant to Texas Local Government Code Chapter 54 the City Council has
the express authority to enforce local ordinances=and to prescribe.;penaltres 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
THEREFORE, 1 1 i •
OF CIBOLO,TEXAS.:
I.
Code Amended
Chapter.46,Ayticle IV ofthe City of Cibolo's Code of Ordinances.is'heieby.amended to read as
follows:
Section 46=85.Definitions:
The following words;terms,:and phrases, when used in this-article,,shall_have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
"Fireworks" as.used in this; ordinance shall mean and include :any firecradkers,- cannon
crackers, skyrockets, torpedoes, -Roman candles, sparklers, -squills, fire balloons; sky
lantern,sky.candle;star.shells., ge•bs, and/or any composition or device designed to produce
a visible or audible effect by combustion, explosion; deflagration; detonation, spark,
flare/flame, flame effect,-,and any other substance ini whatever :combination by any
designated name intended for use in 'obtaining visible or audible pyrotechnic display and
shall hiclude all articles or substances within the:commonly accepted.meaning of fireworks
whether herein specially designated and defined or not..
"Fire Prevention Officer" means the city fire marshal, fire chief,. any other local
enforcement officer primarily responsible for fire prevention, or. a local certified fire
inspector.
Dis Multi le la
_ p p y" shall mean:firing a renes of:devices with,:a pause;of more than fifteen
(15)minutes between firingjgniting,_or setting in motion:
"Person" shall mean.: and include any, person, association of .persons, partnerships,
corporations, agent(s), . or off cer(s) .of corporation(s), and shall also include all
warehousemen, common, and private carriers,_ bailees, trustees, receivers, :executors; ,and.
adniiistrators.
"Single Display"_shall mean firing a series of devices without pausing-more than fifteen
(15)minutes'between firing, 'igniting,or setting in motion.
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Section 46-86. Fireworks declared a public nuisance and prohibited.
A. The presence"Of any fireworks within the city limits of-the City of Cibolo in violation of
this;ordinance' s.hereby declared to be a public nuisance, except where exempt;by State
Law.. The manufacture,-sale, offer for sale, or give.away of any:fireworks.within city
limits -of the City. of Cibolo in violation of this ordinance. is. Hereby declared to be a
public nuisance;except where exempt by:State.Law. The Fire.Marshal.and/or any Police
Officer of the City - of.Cibolo is authorized and directed,to seize any fireworks found
within.the.jurisdiction in violation of this ordinance and the Fire.Marshal and/or Police
Officer of the City of Cibolo`or any member.of the-Fire Prevention Division of the.Fire
Department of the .City of :Cibolo .or, any other duly constituted peace officer is
empowered.to stop the use of and detain--any fireworks found and/or stored illegally the
fireworks. shall be seized and turned over to the Police:Department:in order that the said
fireworks may be kept in evidence.
B. Seizure of illegal fireworks.
(1) The State Fire -Marshal, Fire Chief,' Fire Marshal, their deputies, or Police .Officer--
may seize.illegal.fireworks. Fireworks seized in the'enforcerrrent of this Ordinance
shall be kept in the-custody of the seizing:agency inwhich the fireworks were seized.
(2) The owner of the.seized fireworks may file an- action contesting:-the seizure in .a
court in the-city in which the,fireworks were seized.
(3) Not later than the 30th1:day after the hearing on the seizure, the court may authorize
.the -return of part or all of the confiscated fireworks.. The court shall order 'any
fireworks not returned to be destroyed: If an action contesting.the.seizure is not filed
by the 301" day after the seizure,the seizing agency or the Fire Marshal shall destroy
the fireworks.
C. Notwithstanding any penal provision of this Ordinance, 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,.transportation; keeping, selling.or use .
.0 f fireworks within' the jurisdiction of the. City,-and. to aid the _Fire Marshal in .the
discharge of his or her 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.
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D. The Fire Marshal or any Police Officer of the City of Cibolo or. any other duly
constituted peace officer 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 in order to inspect the same for'the presence of such fireworks.
E. It shall be.unlawful. for any 'person to manufacture, sell, use, discharge, cause to be
-discharged, ignite, detonate, fire, or otherwise set in action any fireworks of -any
description unless exempted under Section 46-87 of this article.. It shall be unlawful for
any ;person° .to possess, store, and/ortransport fireworks that have been opened,
unwrapped,' unpackaged, ;and/or no =longer in' the manufacturesiretailers original f
packaging, sealed wrappings,:and/or sealed bundle(s). I
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Section 46 W. Exceptions: This article shall not apply to the following:
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A: Signal flares `Fusee;:and toipedoes 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 railroad of emergency service worker for.iise in emergency operations,
B. :A marine signal flare or rocket of the type and kind commonly'carried by a vessel at sea ..
for its own use and which ignal flare rockets rockets are transported or rece. d.or stored for
use only as ship's stores or for.emergency use;
C ,Signal flares,rockets;or any pyrotechnic device used by military or police organizations
D. Party'poppers, toy pistols; toy canes, toy guns, or other devices_that use paper or plastic
caps; ,
E. 1VIode1_ rockets. and modelrocket motors, designed,-sold; and used for the purpose o f
propelling recoverable area,models;
F. A mixture of sulfiu; charcoal, and potassium nitrate used as a propelling or expelling
charge;black powder;smokeless powders,and/or similar-:powders; .
G: The .sale, and use:in emergency situations, of pyrotechrue:signaling devices or distress
. _. . .
Signals for marine, aviation, or"highway use; -
H. The sale of use of blank cartridges.for use in radio, television,-film;theater productions;
for signal, ceremonial purposes; in athletic events,.con"stiuction fasterin d0viacs. or:for
similar•purposes;
I. Public and/or.private displays in accordance with section 46-8&,`of:thus article and as
permitted through the city. Fireworks,pyroteclinres, and/or flame effects and/or.drsplays
_before audiences outdoor, indoor, of stage use where .allowed sd and
all be regulate
permitted at the discretion of the Fire Marshal or fire prevention officer; .
J. The permitted use for.agricultural;industrial, or wildlife eontrol`purposes;or,
K. Those items:otherwise exempted under TexasOccupations Code, Section .2154.002
entitled"Exemptions"-as air ended.
Section _46-88, Exemptions and regulations governing: certain .private and public
.displays;
Public and;private displays;arid displays before an audience Shall be regulated arid shall -
include but not be limited to;:.outdoor ground and/or aerial.fireworks.and/or flame. effects;
indoor fireworks.'and/or flame effects as provided for in this section only..
Such displaymay be_permitted'upon compliance with the provisions;;of city's adopted,fire
prevention-code:arid of this section. follows:..
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A, Any adult person or any firm,co-partnership, corporation or association plaruring to make
a public or private display of any nature shall first make written application for a permit
to the Fire Marshal's Office of least 15.days in advance of the, date of the proposed
display..
B. For each public or.private display of fireworks and/or flame.effects under
this section;the
Fire Chief, or Fire Marshal at the direction of the :Fine Chief;'may require fire crews of l
the Cibolo Fire`Department be' in attendance during the.display(s)-.. The expense of such
fre.crews and/or apparatus at the display(s) shall be'borrie by the applicant.for the:permit
as.reduiredby this atticle and shall be paid in advance.at the time of the application for
the permit.
C. It shall be.the duty of the Fire Marshal or fire prevention officer to make an investigation
as to.whether the display as proposed by the applicant for a permit.under this ordinance
shall be of such a character that it may not:be hazardous to property or dangerous to any
person; and he or she shall,.in the exercise :of reasonable discretion, grant or deny the
application, :subject to.the projected weather conditions; conditions at the proposed site, ,
and conditions prescribed in this article. If the application is approved, a.permit.shall be
issued for the public or private display by the Fire Marshal or fire prevention officer.
Such permit shall be for a period of time designated on the permit, buts hall not exceed
3.0 days.from issue, and the,permit shall not be transferable: If the application is denied
by the Fire Marshal or fire`prevention officer; he or,she 'shall notify the applicant of the
denial in writing,telephone; or fax and with the original written denial to be mailed:
D. The applicant .for a display permit. under this article shall, at the time. of making
application,furnish proof of insurance as prescribed by:the laws of the state; and shall file
with the.City Fire Marshal's.Office a certificate of insurance evidencing the carrying of
general liability insurance man amount not less than five.hundred thousand...($500,000)
dollars `for — public display and not less than one million ($1,000,000) dollars for; a
display of pyrotechnics and/or flame effects,issued by Aft insurance carrier authorized to
transact business in:the state:arid countersigned by an insurance agent licensed in this
state. The policy shall be conditioned to pay the amount of money the insured becomes
obligated to pay as damages because of bodily injury and property damage caused by an
occurrence involving the.insured or the nsured's servant, off cer, agent, or employee in i
he conduct of a public fireworks display or a display;of,pyrotechnics and flame'effects:
The. State Fire Marshal's Office and the. City of Cibolo _shall be listed as the certificate
holders . The-nae:mon the policy shall be the same as on the application: An insurer shall
not cancel a ceftif cate of insurance issued under this chapter.unless the insurer gives.the....
Fire Marshal of the authority having jurisdiction and.the State Fire' Marshal notice of
intent to cancel.
E. The persons handling the display of fireworks arid/or effects under this article-shall be
competent; adult:persons and experienced .pyrotechnic:operators approved by the Fire
Marshal or Fire Chief. No person not.approved by the Fire Marshal.or Fire Chief shall
handle fireworks and/or effects at the,,public or, private display. The names :of the
experienced pyrotechnic operators shall be-designated.on the permit issued.
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F. The material to be used for a public or private display authorized by this article'shall not
be stored within the city,limits, but shall be brought in on the day'of the public or private
display and then shall.be taken immediately to the place of display for.'further:handling
andstorage in a magazine, day box; or container approved for the storage:of the contents
- as required by.federal, state and local laws and ordinances. Where overnight storage is
needed special' cases may be reviewed by the Fire Marshal or Fire Chief subject to
conditions-protection;and/or security:.
G. Ari additional;public.or private display permit shall,be required:for each site separated
from the permitted site. A site is determined to be separate where the center of the area
of launch, ignition; detonation, arid/or firing is two hundred f fty (250) feet or more,
measured Horizontally (by radius) to another area of launch, ignition, detonation, and/or
firing.
H. All issued permits can be revoked at any :up to the start of and during the display if
any hazardous conditions, or issues become ;evident, weather conditions change, and/or
State or County Disaster Declarations or State or County Burn Bans become imposed.
I. All displays/shows shall.follow'the applicable provisions of 1VFPA .160 Standdi'il for the
Use of Flame Effects Before an Audience, NFPA 610 Emergency and Safety operations
at Motorsports Venues, NEPA 1;123 Code for Fireworks -Display, and NFPA 1126 i
stana �a for the Use of Pyrotechnics Before a Proxir late Audience, 1r7terndtional Fire
Code,and Texas .Occupations Code Chapter 2154 except where restricted by this or
other codes.and with.special:provisions and/or restrictions.issued through the City of
Cibolo's Fire Marshal's Office.NFPA Editioris.of codes shall be the edition on file in the
Fire Marshal's.Office.
This subsection shall include but not be limited to:
(1) No one under 21 years of age in the blasting/firing zone. Except where specifically
;prohibited by code or law; a .18 18 or older with written documentation howirig
experience and lsrrowledge maybe allowed in-the blasting/frring.zone at the discretion
of the Fire Marshal or Fire Chief.
(2) No synthetic apparel; cotton or other approved flame resistant material only is to be
worn by personnel in the blasting/firingzone.
(3) Fire extinguishers shall be present at all times, and fire crews and apparatus on
standby(as required).
J: A Permit from the State Fire Marshal's Office when required by the State Fire Marshal's
Office shall be applied for as part of the submittal at:the time of application for a city
display.
K. Provide.all additional documents and information as applicable from the application for
fireworks.display.
L. It shall be. the.responsibility of the pyrotechriic' operatoi(s) to ensure that all shells;
rounds, arid/or devices are accounted for and that all fired/launched shells,rounds, and/or-
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devices that partially or in,whole misfired- failed to detonate/explode, acid/or burn .
completely are accounted for.
1V1: .It shall be the responsibility of the permit holder listed on the applicationand/or property
owner listed on the application'for fireworks display to ensure that all trash and debris
from the devices and /or packaging be cleaned upftemoved from the :premises and
dispose of properly including any and all trash and 'debrisfiom the:devices and /or
packaging that has left :the :premises, landed, fell upon, or been blown onto.another
property. Prior permission should be obtained from neighboring property owners.
N. No public or private. 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 discretion of the Fire Marshal or fire prevention officer.
O. No peiinits shall.be issued during times, of State or County Disaster Declarations or
during times of State or County Burn Bans.
P. Prohibited use of fireworks and illegal fireworks by a person and/or pyrotechnic
operator(s)
(1) A person and/or licensed pyrotechnic operator shall not:
A, Detohate,-explode or ignite fireworkswithin.six.hundred (600) feet of any
church, a hospital, a veterinary hospital, an asylum, a licensed child care
center, or a public or private primacy or secondary school or institution of
higher education unless the person receives authorization:in writing from
that organization;.
b. Detonate, explode, or ignite fireworks within one hundred (100) feet of a
place where flammable/combustible liquids or.. flammable/combustible
compressed gasses are stored and/or dispensed;
c.' Detonate a lode or riite fireworks ivithiri.one hundred 100 feet of, or
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throw or launch ignited fireworks ata place where firewoiks':are stored or
sold; .
a. Detonate; ignite,.or discharge fireworks in orfrom a motor.vehicle;
Q. Place ignited fireworks tri,or throw ignited.fireworks at, a motor vehicle
f. Conduct a public or private fireworks display that includes.Fireworks 1.3 G
unless the person is a licensed'pyrotechnic operator in the:State of Texas;or
:g: Conduct a proximate display of fireworks that includes Fireworks 1.3G or.
Fireworks IAG as defined in. NFPA 1126 Standards for the Use .of
Pyrotechnics.Before a Proximate Audience unless the person is a licensed
pyrotechnic special effects operator and has.the approval of the _local Fire
I Marshal or fire prevention officer.
(2) A person may,:not manufacture, distribute; sell, give away, or use fireworks in,a public
or private fireworks display or for agricultural, industrial, or wildlife control purposes
without ari--appropriate license-or permit. Fireworks manufactured, distributed;.sold, or
used Without an appropriate'license or permit are illegal fireworks.
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Q,. The range/height of:the aerial displays) shall be such:that no projectile, device; part; .
and/or.°debris shall return to ground elevation still, burning, sparking, glowing, or
otherwise capable of providing a source of ignition.
R: Permitting fees forpublic and private displays. Multiply fee for each separate display,
inspection,fire prevention°officer; apparatus, and/or fire crew(s). All fees shall be paid-at
the Cibolo.Police Department. Except for overpayments resulting fiom mistakes, all fees
are nonrefundable and non-transferable. Fees shall be paid by cash, money .order, or
check. Money-orders and'checks shall be made payable to the City of Cibolo and shall
follow the following fee.schedule:
Single'display $ .75.00
Multiple displays $200.00
Fire Prevention. Inspection $ 55.00
Standby Fire Prevention Officer $ 40:00 per Hour or fraction thereof
Standby Fire crews) and Apparatus $431.00 per Hour or:fiaction thereof
Agricultural, Industrial,
or Wildlife Control Purposes $ 50.00annual
S. Copies of Fireworks Incident Report Forms shall be on site and readily available for use.
Copies of the incident reports submitted to the. State Fire Marshal's Office, shall be
submitted to the CityFire Marshal's Office.
T. Notice is to be posted at 'the site where visible and accessible to those iii attendance
providing contact information and telephone numbers for the State.FireMarshal's Office
and City Fire Marshal's Office for complaint and safety violation reporting.
Section 46-89; Penalties.
Any:person;.firm, association of:persons,,partnerships, coiporations, agents, and/or officers of
.
coiporations who shall manufacture, :assemble; store, transport, receive; keep, sell, offer for
sale, offer to give; have in his or her possession.any fireworks and/or who shall use, discharge,
cause to be"discharged, ignite,detonate,fire or otherwise set in action any fireworks,in violation
of any of.the provisions of this .Ordinance, except where exempt by State Law shall upon �
conviction be deemed guilty of a misdemeanor and shall be subject to the. .penalties provided in. }
section'46-2.of article I of Chapter 46 of this code..The commission or:omission of`any ;act
prohibited by this article shall be LA.separate offense as to each individual and each such opened
separately wrapped or separately packaged fireworks.
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Cumulative Clause
.This article shall be cumulative .of.all provisions of the City of Cibolo's Code of Ordinances
Texas except where the provisions of the article are in direct conflict with.-the provisions of such
ordinances or.sections of the City's.code, in which event the more restrictive provisions) shall
apply:
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'III:
Severability
Clause : .
It.is hereby declared to be the intention of the City Council that the.phrases, clauses,sentences,:!
paragraphs; chapter, and sections..of this article are severable, and if ariy.ph•ase, clause.sentence,
paragraph, chapter,:or. section of this :article shall bedeclared. unconstitutional by the valid i
judgment or decree of any court of competent jurisdiction such:unconstitutionality ,shall not
affect any of the remaining phrases, clauses, sentences;paragraphs,.chapters; and sections of this
article, since the same would have been enacted by the City Council without the incorporation in
this article of f any such unconstitutional-phrase,clause,sentence,paragraph, chapter, or section.
IV.
Effective Date
This Ordinance shall become adopted and effective after publication twice in the City of
Cibolo's newspaper of record per.City'Chai-ter.
PASSED AND.APPROVED THIS '9- T DAY OF 2022
STOSH BO ,Mayor
City of Cibolo,Texas
17
j :PEGGY CIMICS, City Secretary
' City of Cibolo,Texas
APPROVED AS TO FORM..
City Attorney
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