ORDINANCE NUMBER 437
AN ORDINANCE OF THE CITY OF GRANITE SHOALS, TEXAS, DEFINING “FIREWORKS”; PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY; PROVIDING FOR SEIZURE OF FIREWORKS; ESTABLISHING A PENALTY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION OF NOTICE OF THIS ORDINANCE AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
As used in this ordinance the term “fireworks” shall be interpreted so as to give it the same meaning as it has in common usage, and so as to give this ordinance its most reasonable application. Without limiting the above statement, it shall also mean and include any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers, or other devices of like construction, and any devises containing any explosive or flammable compound, or any tablet or other device containing an explosive or flammable compound. Provided, however, that it shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredth (0.25) of a grain of explosive content per cap, and toy pistols, toy canes, toy guns, or other devices for use of such caps.
2.1
It shall be unlawful within the corporate limits of the
City of
(1) possess, store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks; and
(2) act in conjunction with, or in any manner instigate or aid a minor in the commission of selling, offering, offering for sale, purchasing, or discharging fireworks.
The conduct proscribed herein shall be an offense, regardless of whether a minor commits the offense. The commission of the offense by the minor on the property under the control of, or owned by, any relation in ascending line of the minor, or guardian of the minor, shall be prima facie evidence that the relation of guardian was instigating or aiding the minor.
2.2 Nothing in this ordinance shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
The presence of fireworks offered or exposed for sale, or stored or held in violation of this ordinance, is hereby declared to be a common and public nuisance, and the Chief of Police, of his designated representative, 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 ordinance.
Section
4. Penalty
4.1 It shall be deemed a violation of this ordinance to:
(a) Interfere with, hinder, or molest any City employee in the performance of such employee’s duties under this ordinance.
(b) Do any act which otherwise is proscribed in this ordinance.
4.2 Fine:
(a) Any person found to be violating the provisions set out in Section 4.1, above, shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed ONE THOUSAND ($1,000.00) DOLLARS. Each day of such violation shall constitute a separate offense.
(b) The
penalty herein provided for shall be cumulative and not exclusive of any other
rights or remedies the City may have.
Section
5. Repeal
To the extent that Ordinance
No. 431 of the City of
Section 6. Severability
It is the intention of
the City Council of the City of Granite Shoals that if any phrase, sentence,
section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgement of a court of competent
jurisdiction such unconstitutionality or invalidity shall not affect any of the
remainder of this ordinance since the same would have been enacted by the City
Council without the incorporation of the unconstitutional or invalid phrase,
sentence, section or paragraph.
Section 7. Publication
The City Secretary is
hereby authorized and directed to cause publication of this ordinance as
required by state law.
Section 8. Effective Date
This ordinance shall
become effective upon publication in accordance with state law.
Passed
by the City Council of the City of
/s/_________________________
Pat Crochet, Mayor
ATTEST:
/s/_________________________
Ronda Reichle
City Secretary