HomeMy WebLinkAboutORD 2022-76 - Amending FireworksORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 8.08 OF THE CODE OF ORDINANCES OF
THE CITY OF GEORGETOWN TO IMPOSE LIABILITY UPON PROPERTY
OWNERS, RESIDENTS, AND SOCIAL HOSTS FOR VIOLATING THE CITY'S
FIREWORKS ORDINANCE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY PURSUANT TO CHAPTER 1.08 OF THE CODE OF
ORDINANCES AND RESOLUTIONS; PROVIDING FOR PUBLICATION AND
SETTING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Georgetown finds it necessary to review and
update certain Chapters in the Code of Ordinances;
WHEREAS, the City, pursuant to Section 8.08.020 of the City Code, prohibits any person
to manufacture, assemble, store, sell, offer to sell, possess, use, ignite, cause to be discharged or
discharge, fireworks within the corporate limits of the City or within 5,000 feet outside City limits,
except under special permit as authorized in the Fire Prevention Code.
WHEREAS, the City Council of the City of Georgetown finds additional enforcement
mechanisms are necessary to prevent persons from using, igniting, causing to be discharged or
discharging fireworks within the corporate limits of the City or within 5,000 feet outside City
limits;
WHEREAS, the City finds it necessary impose liability on property owners, residents, and
social hosts for violations of the City's Fireworks ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things
conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
Section 2. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
Section 3. Chapter 8.08 of the Code of Ordinances of the City of Georgetown, Texas is
hereby amended and shall provide as shown in Exhibit A.
Section 4. If any provision of this ordinance or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 5. All ordinances that are in conflict with the provisions of this ordinance be,
and the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect ten (10)
days on and after publication in accordance with the provisions of the Charter of the City of
Georgetown.
PASSED AND APPROVED on First Reading on the G �ay of ,
2022.
PASSED AND APPROVED on Second Reading on the day of
L , 2022.
ATTEST: THE CITY,F GEORGETOWN
By: //
Robyn De mare, City Secretary 3os roeder, Mayor
APPROVED AS TO FORM:
Skye asso City Attorney
- CODE OF ORDINANCES
Title 8 - HEALTH AND SAFETY
CHAPTER 8.08. FIREWORKS
CHAPTER 8.08. FIREWORKS
Sec. 8.08.010. Definitions.
"Fireworks" means and includes any firecrackers, cannon crackers, skyrockets, torpedoes,
Roman candles, sparklers, squibs, fire balloons, star shells, gerbs, or any other substance in
whatever combination by any designated name intended for use in obtaining visible or audible
pyrotechnic display and includes all articles or substances within the commonly accepted
meaning of fireworks, whether specifically designated and defined in this chapter or not. A
pyrotechnic device used for law enforcement purposes shall not be considered a firework in
accordance with this ordinance.
"Host" means any of the following:
(1) An owner of any private residential or non-residential real property in the City or within
5,000 feet of the City limits;
(2) Any person who has the right to use, possess, or occupy public or private property under
a lease, permit, license, rental agreement, or contract; or
(3) Any person who hosts, organizes, supervises, officiates, conducts, or accepts
responsibility for a gathering on public or private property.
"Passenger area," means the area of the motor vehicle designed for the seating of the
operator and passengers of the vehicle. The term does not include:
(1) A locked glove compartment or similar locked storage area;
(2) The trunk of the vehicle; or
(3) The area behind the last upright seat of a vehicle that does not have a trunk.
"Unpackaged, opened fireworks" means fireworks not in their original wrapping or where
the original wrapping has been broken.
Sec. 8.08.020. Prohibited.
A. It is unlawful for any person to manufacture, assemble, store, sell, offer to sell, possess, use,
ignite, cause to be discharged or discharge, fireworks within the corporate limits of the city
or within 5,000 feet outside the city limits, except under special permit as authorized in the
Fire Prevention Code. This section shall not apply within any portion of such five thousand
foot area which is contained within the territory of another municipality.
B. It is unlawful for fireworks to be ignited, explode, discharged, used or displayed on or from
public or private property within the corporate limits of the City or within 5,000 feet outside
the City limits. Any host of the public or private property or gathering is strictly liable for
any violation of this Subsection. The provisions of this Subsection shall not apply to:
Page 1 of 4
1) Any host possessing a special permit as authorized in the Fire Prevention Code;
2) This section shall not apply within any portion of such five thousand foot area which
is contained within the territory of another municipality.
3) Any host who initiates contact with law enforcement or fire officials to assist in
removing any person from the property or gathering in order to comply with this
Chapter.
Sec. 8.08.030. Declared public nuisance.
Any conduct prohibited in Section 8.08.020 within the jurisdiction of the City in violation
of this chapter is declared to be a nuisance pursuant to Local Government Code, Section
217.042.
Sec. 8.08.040. Enforcement.
A. The Fire Chief or chief of police or their designee(s) are hereby authorized to enforce this
Chapter.
B. Notwithstanding any penal provision of this chapter, the City Attorney is authorized to file
suit on behalf of the City or the Fire Chief, or designee, for injunctive relief as may be
necessary to prevent any conduct prohibited in Section 8.08.020 within the jurisdiction of
the City and to aid the Fire Chief, or designee, in the discharge of their duties.
Sec. 8.08.050. Exceptions.
This Chapter excludes from the general prohibition of fireworks the following items:
1. A toy pistol, toy cane, toy gun, or other device that uses paper or plastic caps in sheets,
strips, rolls, or individual caps that contain not more than an average of 2500ths of a
grain of explosive composition per cap and that is packed and shipped under 49 CFR
173(1996);
2. A model rocket or model rocket motor designed, sold and used to propel recoverable
aero models;
3. A propelling or expelling charge consisting of a mixture of sulfur, charcoal, and
potassium nitrate;
4. Novelties or trick noisemakers such as:
a) Snake, G1owWorms - Pressed pellet of pyrotechnic composition that produces a
large, snakelike ash upon burning. The ash expands in length as the pellet burns.
These devices may not contain mercuric thiocyanate.
b) Smoke Device - Tube or sphere containing pyrotechnic composition that, upon
ignition, produces white or colored smoke as the primary effect.
Page 2 of 4
c) Wire Sparkler - Wire coated with phyrotechnic composition that produces a
shower of sparks upon ignition. These items may not contain magnesium and
must not exceed 100g of composition per item. Devices containing any chlorate or
perchlorate salts may not exceed 5g of composition per item.
d) Trick Noisemaker - Item produces a small report intended to surprise the user.
These devices include:
Party Popper - Small plastic or paper item containing not more than 16 mg of
explosive composition that is friction- sensitive. A string protruding from the
device is pulled to ignite it, expelling paper streams and producing a small
report.
ii. Booby Trap - Small tube with string protruding from both ends, similar to a
party popper in design. The ends of the string are pulled to ignite the friction -
sensitive composition, producing a small report.
iii. Snapper - Small, paper -wrapped item containing a minute quantity of
explosive composition coated on small bits of sand. When dropped, the
device explodes, producing a small report.
iv. Trick Match - Kitchen or book match that has been coated with a small
quantity of explosive or pyrotechnic composition. Upon ignition of the
match, a small report or a shower of sparks is produced.
v. Cigarette Load - Small wooden peg that has been coated with a small
quantity of explosive or pyrotechnic composition. Upon ignition of the
match, a small report or a shower of sparks is produced.
vi. Auto Burglar Alarm - A tube which contains pyrotechnic composition that
produces a loud whistle and/or smoke when ignited. A small quantity of
explosive, not exceeding 50 mg, also may be used to produce a small report.
A squib is used to ignite the device.
5. The sale or use of, in emergency situations, pyrotechnic signaling devices or distress
signals for marine, aviation or highway use;
6. The use of a fuse or a railway torpedo by a railroad;
7. The sale of blank cartridges for use in a radio, television, film or theater production; a
signal or ceremonial purpose in an athletic event; or an industrial use; or
8. Pyrotechnic displays designed to entertain the general public, which have been
approved by the Fire Marshal and are supervised by the Fire Marshal or his/her
designee.
Sec. 8.08.070. Violation --Penalty.
A. Any person who manufactures, assembles, sells, offers for sale, possesses, uses, discharges,
causes to be discharged, ignites, detonates, fires, or otherwise sets in action any fireworks
shall be fined as provided in Section 1.08.010 for each offense. If the fireworks are
separately wrapped or packaged, doing any act prohibited by, or omitting to do any act
Page 3 of 4
required by, this chapter shall be a separate offense as to each such separately wrapped or
separately packaged firework. Each day that a violation of this chapter continues with
respect to any package of fireworks constitutes a separate offense.
B. Any parent or guardian of any minor child below the age of 17 who permits or allows such
minor child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks
shall be fined as provided in Section 1.08.010.
C. Host liability. Any host shall be strictly liable and fined as provided in Section 1.08.010 for
any ignition, explosion, discharge, use, or display of any fireworks in violation of this
Chapter on or from their property or gathering, except that no person who has the right to
use, possess, or occupy a unit in a multifamily residential property under a lease, rental
agreement, or contract shall be liable for a violation of this Chapter occurring in a common
area of the property unless the person hosts, organizes, supervises, officiates, conducts, or
accepts responsibility for a gathering at which the violation occurs.
Sec. 8.08.080. Affirmative Defenses.
A. It is an affirmative defense to prosecution of a charge of possession of fireworks under this
chapter if.
(1) The defendant was operating or was a passenger in a motor vehicle that was being
operated in a public place; and
(2) The fireworks were not in the passenger area of the motor vehicle.
B. It is an affirmative defense to prosecution of a charge of possession of fireworks under this
chapter if.
(1) The defendant was in possession of a quantity of fireworks with a current market value
of less than $250.00;
(2) The defendant was in possession of fireworks for personal use only; and
(3) The fireworks were located in the defendant's residence and stored in safe cool, dry
location that is protected from unintended ignition.
Page 4 of 4