ORDINANCE NUMBER  437-A

 

AN ORDINANCE OF THE CITY OF GRANITE SHOALS, TEXAS, TO AMEND SECTION 2 OF ORDINANCE 437, PASSED 9 AUGUST 2005, TO ALLOW THE TEMPORARY SALE, POSSESSION AND STORAGE OF FIREWORKS WITHIN CERTAIN NEWLY ANNEXED AREAS.

 

WHEREAS, the City of Granite Shoals adopted Ordinance 437 on August 9, 2005, to regulate the sale and discharge of fireworks within the city limits of the City of Granite Shoals; and

WHEREAS, the City of Granite Shoals proposes to annex certain tracts of land into the city limits prior to the end of December, 2007; and

WHEREAS, fireworks sales on those tracts of land have historically been allowed because those tracts have been outside the city limits; and

WHEREAS, the annexation process was recently announced without allowing a great deal of time for operators of those businesses to relocate their operations prior to final annexation; and

WHEREAS, although section 43.002 of the Texas Local Government Code would allow the City of Granite Shoals to prohibit sales of fireworks in the newly annexed areas, the city council desires to allow landowners and fireworks businesses in the newly annexed areas to have a one time exemption from the possession and sale of fireworks so that the persons and entities involved will have the ability to relocate their operations with as little interference as possible;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRANITE SHOALS, TEXAS:

 

SECTION 1:

That Section 2 of Ordinance 437-A is amended by adding a new Section 2.3 to read as follows:

 

2.3        The provisions in Section 2.1 which make it unlawful for a person to  possess, store, offer for sale, expose for sale, or sell at retail fireworks in the corporate limits of the City of Granite Shoals shall not apply to persons on land which is annexed into the City of Granite Shoals during the month of December of 2006.  This subsection 2.3 expires on June 1, 2007.  Nothing in this section 2.3 shall be construed to allow: (a) the use or explosion of fireworks in violation of this ordinance; or (b) the sale, exposure for sale, or sale at retail of fireworks in contravention of state law.

This ordinance shall become effective upon passage and adoption in accordance with state law.

Passed and approved this 12th day of December, 2006.

                                                                                                /s/________________________

                                                                                                Frank M. Reilly                                                                                                                                     Mayor

 

 

ATTEST:                                                                                  APPROVED AS TO FORM:

/s/__________________________                                         /s/__________________________

Ronda Reichle, City Secretary                                                    Bradley B. Young, City Attorney