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HomeMy WebLinkAbout0212_207207 JLN ORDINANCE PROHIIIITING FIIiEIVONKS; DEFINING 11IE TLIW FIRER ORKS; PILO- VIDING CERTAIN EXCEPTIONS; DECLARING FIMMONKS TO BE A PUBLIC NITIS- ANCE AND AUTHORIZING THEIR SEIZLRE AND DESTRUCTION WHERE FOUND IN VIOLATION OF THIS ORDINANCE; .AUTHORIZING THE PROSECUTION OF SUITS FOR INDUCTIVE RELIEF IN AID OF THIS ORDINANCE; PROVIDING THAT THIS ORDIN- ANCE SHALL BE APPLICABLE AND IN FORCE WITHIN TILE CITY AND SHALL ALSO BE APPLICABLE AND IN FORCE WITHIN THE AREA IMMEDIATELY ADJAC11NT AND CONTIGUOUS TO THE CITY OF GEORGET&NN AND EXTENDING FOR A DISTANCE OUTSIDE TIIE CITY LIMITS FOR A TOTAL OF 59000 FEET, EXCEPTING IiOWEVEit ANY PORTION OF SUCII AIEA INCLUDED IN ANY OT11121 MUNICIPAL CORPORATION; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS AND PROSECUTIONS UNDER THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEV11- LABILITY CLAUSE AND DECLARING AN 12W ILGLNCY. BE IT ORDAINED BY THE CITY COUNCIL OF TETE CITY OF GEORGETOWN: SECTION I. Definitions - The term "fireworks" as used in this ordinance shall mean and include any firecrackera, cannon crackers, skyrockets, torpedoes, roman candles, sparklers, squibs, fire ballons, star shells, gerbs or any other substance in what- ever 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 also in- cludes all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. SECTION II. Fireworks Prohibited. It shall be unlawful for any person to manufact- ure, assemble, store, transport, receive, keep, sell, offer or have in his possession with intent to sell, use, discharge, causef,to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. SECTION III. Exceptions. This ordinance shall not apply to signal flares and tor- pedoes 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 for use in railroad operation. SECTION IV. Fireworks a Public Nuisance. The presence of any fireworks within the jurisdiction of the City of Georgetown 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 fireworks found within the jurisdiction in violation of this ordinance and any member of the Fire Prevention Division of the Fire Prevention Division of the fire Department of the City of Georgetown or any T police officer of the City of Georgetown or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks -found being transported illegally or to close any building where any fireworks are 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 terms of this section. Notwithstanding any penal provision of this article, the City Attorney is authorized to file suit on behalf of the City of Georgetown or the Fire, Marshal or both for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the City and to aid the Fire Marshal in the dis- charge 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 Georgetown 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. SECTION V. Penalties. Any person who shall manufacture, assemble, store, transport, receive, keep, sell, offer for sale or have in( possession with intent to sell any fireworks shall be fined Two 11uhdred Dollars (6200.00) for each offense. If the fireworks be separately., wrapped or package¢, 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 Twenty- five dollars ($25.00) nor more than Two Hundred Dollars( 200.00). Any parent or guardian of any minor child below Ahe sge of;tourteen (141 who permits or allows such