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Home My WebLink AboutOrdinance - 7510-1977 - Amending Chapter 19 Of Code, Amending Sect 19-3; Regulating Fireworks - 07/29/1977KJ:bsb ORDINANCE NO. 7510 AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 19-3 THEREOF DEFINING AND REGULATING FIREWORKS; AMENDING SECTION 19-4 PROVIDING FOR A PERMIT FOR FIREWORKS; AMENDING SECTION 19-5 PROVIDING FOR REVOCATION OF FIREWORKS PERMIT AND APPEAL AMENDING SECTION 19-6 PROVIDING FOR SEIZURE OF FIREWORKS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the changes in the regula- tions governing fireworks, as indicated below, would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 19-3, 19-4, 19-5 and 19-6 of Chapter 19 of the Code of Ordinances, City of Lubbock, BE and are hereby amended to read as follows: "Sec. 19-3. FIREWORKS -DEFINITIONS; REGULATION. (a) DEFINITIONS. FIREWORKS mean combustible or explosive compositions, or combustible or explosive devices, designed to produce visible or audible effects for amustement. It does not mean: (1) Transportation (DOT) Regulations covering the transportation of explosives and other dangerous articles by motor, rail, and water; or the use of fireworks by railroads or other transportation agencies for signal purpose or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organi- zations. However, such wholesalers, dealers, and jobbers shall store their supplies of fireworks in accordance with section 19-4 of this Chapter. (2) Caps containing less than .25 of a grain of pyrotechnic composition when designed for use in toy canes or guns; or (3) Noisemakers which use no more than .008 of a gram of explosive compound and do not emit visible light or smoke when detonated, such as "snap-n-pops" or small cracker-balls. (b) REGULATIONS. No person may: manufacture, sell, or give away fireworks; or store, possess, or use fireworks, unless: (1) The fireworks are stored, posoessed, or used for public display purposes and not for promotional or advertising purposes; and (2) The requirements of this Chapter are satisfied. ·~ KJ:bsb Sec. 19-4. SAME -PERMIT. (a) No person may store, possess, or use fireworks without first obtaining a permit for that purpose from the fire marshal or fire chief. (b) PROCEDURE FOR APPLYING; DECISION TO ISSUE OR REFUSE ISSUANCE. A permit applicant shall, at least 15 days before using fireworks, file with the fire marshal or fire chief a completed permit application showing the: (1) pyrotechnist's: (A) business address; (B) proof of ~egal competency; and (C) record of previous experience with fireworks; (2) address of the proposed display; (3) amount, type, and class of fireworks to be used; (4) address of the company supplying the fireworks; (5) date of proposed display; (6) starting and ending times of the proposed display; and (7) diagram of the proposed display grounds, detailing: (A) firing points; (B) location of buildings and highways on or adjoin- ing the grounds ; (C) spectator restraining lines; and (D) overhead obstructions; (8) completed permit application to the state firemarshal, including the surety bond or insurance coverage required by state law. (c) The fire marshal or fire chief shall, within five days from the date of the completion of the requirements in Subsection (b) of this section,approve or refuse to approve issuance of the permit. If the fire marshal or fire chief refuses to approve issuance, he shall immediately send to the applicant by certified mail, return receipt requested, a written statement explaining the basis of the refusal. (d) REFUSAL TO ISSUE PERMIT. The fire marshal or fire chief shall refuse to approve issuance of a permit if the applicant: (1) intentionally makes a false statement as to a material matter in the permit application; (2) is a fugitive from justice; (3) is under a felony indictment; (4) has been finally convicted of a felony offense within that five year period immediately preceding the filing of the application; (5) has been finally convicted of a misdemeanor violation of an explosives law or regulation within that two year period immediately preceding filing of the application; (6) held a permit issued under this Chapter, which permit was revoked within that one year period immediately pre- ceding the filing of the application; KJ:bsb (e) TRANSFERABILITY; DURATION. (1) A permit is neither transferable nor assignable. (2) A permit expires: (A) on the expiration date shown on the permit; (B) when the permittee completes the permitted activity; (C) when the permittee abandons the permitted activity; or (D) if the permittee is an employee conducting the permitted activity within the course and scope of his employment, when his employer's permit expires or is revOked; whichever occurs first. (f) DUTIES OF PERMITTEE. A permittee shall: (1) upon request, make his permit available for in- spection to a member of the fire department, police officer, or other authorized person; (2) notify the fire marshal or fire chief of the loss or destruction of an unexpired permit, notice to be given immediately upon discovery of the loss or des- truction; (3) secure a replacement permit for that lost or destroyed; (4) comply immediately with the fire marshal's or fire chief's order to dispose of fireworks which become hazard- ous during the performance of the permitted activity; and (5) return his permit to the fire marshal or fire chief immediately upon its expiration, together with a statement detailing the cause of expiration and the disposition of unused fireworks • . (g) PUBLIC DISPLAYS -DUTIES OF THE OPERATOR. The operator of a public fireworks display shall: (1) restrain spectators with barriers placed at least 200 feet from firing point; (2) fire projectiles: (A) vertically; or (B) so that they will impact in a body of water; (3) maintain an unobstructed spatial separation of: (A) 600 feet between the ignition point and a school; (B) 200 feet between the ignition point and a highway, railroad, or building other than a school; and (C) 50 feet between the .ignition point and an overhead obstruction; (4) discontinue the display if the wind carries fireworks debris to adjoining property; and (S) immediately after display: (A) search the display site for unfired fireworks or fireworks debris; and (B) safely dispose of any unfired fireworks or fireworks debris in the manner prescribed by the fire marshal or fire chief. ' ,., KJ:bsb Sec. 19-5. REVOCATION OF PERMIT. (a) The fire marshal or fire chief shall revoke a permit if the permittee: (1) intentionally makes a false statement as to a material matter in the permit application; (2) knowingly allows another to use his permit; (3) violates a term or condition of the permit; (4) fails within the applicable time period to comply with an order or notice served on him under this Chapter; or {5) fails to discharge a duty imposed on him by Section 19-4 of this code. (b) The fire marshal or fire chief shall, within five days from the date of revocation, send to the permittee by certified mail, return receipt requested, a written state- ment explaining the basis of the revocation. (c) APPEAL FROM REFUSAL TO ISSUE; FROM DECISION TO REVOKE. If the fire marshal or fire chief refuses to approve the issuance of a permit or revokes a permit issued under this Chapter, that action is final unless the applicant or permittee, within 10 days after receiving a written notice of the action, files a written appeal with the City Secretary- Treasurer. Such appeal shall be heard by the City Council at its next regular meeting. Sec. 19-6. SEIZURE OF FIREWORKS. The fire marshal or fire chief may seize, remove, or cause to be seized or removed, those fireworks offered or exposed for sale, or stored or possessed,or transporte~in violation of this code." · SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized to cause publi- cation of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 28 day of July , 1977. Passed by the City Council on second read~ng this llday of:--~A~u~g•u-s~t---, 1977. iki&. ROY BASS, MAYO;R