Ordinance No. 2,215%17490
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ORDINANCE NO. 2215
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 17,
"MISCELLANEOUS PROVISIONS AND OFFENSES," BY REPEALING
SECTIONS 17 -3 AND 17 -4 AS PRESENTLY CONSTITUTED AND BY
ADOPTING NEW SECTIONS DEALING WITH FIREWORKS; PRE-
SCRIBING A MAXIMUM PENALTY OF TWO HUNDRED ($200.00)
DOLLARS; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS:
Section 1: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the amendment of Chapter
17, "Miscellaneous Provisions and Offenses," by repealing
Section 17 -3, Fireworks - -Sale prohibited, and Section 17 -4,
Unlawful to discharge, thereof.
Section 2: That the Code of Ordinances of the City of
Baytown, Texas, is hereby amended by the amendment of Chapter
17, "Miscellaneous Provisions and Offenses," which shall
read as follows, to -wit:
Sec. 17 -3.1. Fireworks - -Sale prohibited.
It shall hereafter be unlawful for any person to sell or
offer for sale any kind or character of fireworks, fire-
crackers, torpedoes, sky rockets, Roman candles or any other
similar thing within the city limits.
Sec. 17 -3.2. Same -- Unlawful to discharge.
Except as hereinafter provided it shall be unlawful for
any person to cast, throw, discharge or explode any fire-
cracker, torpedo, sky rocket, Roman candle, or any other
similar fireworks or any substance of an explosive nature on
any public street, sidewalk, park or other public place
within the city.
Sec. 17 -3.3. When permitted.
The provisions of this article shall not apply to a public
display of fireworks made under the terms and conditions of
this division and such a display shall be permitted, upon
compliance with the provisions of this division.
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Sec. 17 -3.4. Application for permit.
Any adult person or any firm, co- partnership, corporation
or association planning to make a public display of fireworks
shall first make written application for a permit to the
fire marshal at least forty -eight (48) hours in advance of
the date of the proposed display.
Sec. 17 -3.5. Issuance or denial and term of permit; permit
nontransferable.
It shall be the duty of the fire marshal to make an
investigation as to whether the display as proposed by the
applicant for a permit under this division shall be of such
a character that it may be hazardous to property or dangerous
to any person, and he shall, in the exercise of reasonable
discretion, grant or deny the application, subject to the
conditions prescribed in this division. In the event the
application is approved, a permit shall be issued for the
public display by the fire marshal. Such permit shall be
for a period of time designated on the permit, but shall not
exceed fourteen (14) days, and the permit shall not be
transferable. In the event that the application is denied
by the fire marshal, he shall notify the applicant of the
denial in writing.
Sec. 17 -3.6. Insurance or bond required.
The applicant for a display permit under this division
shall, at the time of making application, furnish proof that
he carries compensation insurance for his employees as
provided by the laws of the state, and he shall file with
the fire marshal, a certificate of insurance evidencing the
carrying of public liability insurance including bodily
injury liability, in the limits of one hundred thousand
dollars ($100,000.00) per each person and two hundred thousand
dollars ($200,000.00) for each accident and property damage
liability insurance in the limits of one hundred thousand
dollars ($100,000.00) issued by an insurance carrier authorized
to transact business in the state, for the benefit of the
person named therein as assured, as evidence of ability to
respond in damages in at least the above amounts, to be
approved by the fire marshal. In lieu of insurance, the
applicant may file with the fire marshal a bond in the
amount of one hundred thousand dollars ($100,000.00) issued
by an authorized surety company approved by the fire marshal,
conditioned upon the applicant's payment of all damages to
persons or property which shall or may result from or be
caused by such public display of fireworks, or any negligence
on the part of the applicant or his agents, servants, employees,
or subcontractors in the presentation of public display.
Sec. 17 -3.7. Only aerial display permitted; range of display;
use of steel tubes required.
Any fireworks display authorized under this division shall
be limited to an aerial display. The range of aerial display
shall not be more than'two hundred (200) feet and the fire-
works shall be discharged vertically from steel tubes.
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Sec. 17 -3.8. Limitation on time and number of displays.
No display authorized by this division shall be commenced
prior to the hour of 1:00 p.m. nor later than 10:00 p.m.;
provided, however, fireworks displays may be commenced
between the hours of 10:00 p.m. and 11:59 p.m. on December
31 of any year and between the hours of midnight (12 :00
a.m.) and 1:00 a.m. on January 1 of any year if such displays
comply with all other requirements of this Code. Any display
authorized by this division shall be completed within one
hour after the time the display is commenced, and no permit
shall authorize more than two (2) displays in each twenty -
four (24) hours.
Sec. 17 -3.9. Materials not to be stored in city.
The material to be used for a public display authorized by
this division shall not be stored within the city limits,
but shall be brought in on the day of the public display and
then shall be taken immediately to the place of display for
further handling and storage.
Sec. 17 -3.10. Hazardous conditions prohibited.
No public display of fireworks shall be of such a character
and so located, discharged, or fired as to be hazardous or
dangerous to persons or property, and this determination
shall be within the sound discretion of the fire marshal.
Sec. 17 -3.11. Qualifications of persons handling fireworks.
The persons handling the display of fireworks under this
division shall be competent, adult persons and experienced
pyrotechnic operators approved by the fire marshal, and no
person not approved by the fire marshal shall handle fire-
works at the public display. The names of the experienced
pyrotechnic operators shall be designated on the permit
issued.
Sec. 17 -3.12. Firemen to be present.
For each public display of fireworks under this division,
not less than two (2) firemen of the city shall be in
ARK attendance during the display. The expense of such firemen
at the display shall be borne by the applicant for the
permit and shall be paid in advance at the time of the
application for the permit.
W
Section 3: Repealing Clause:
of ordinances inconsistent with the
are hereby repealed; provided, howe,
shall be only to the extent of such
other respects this ordinance shall
ordinances regulating and governing
covered by this ordinance.
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All ordinances or parts
terms of this ordinance
ver, that such repeal
inconsistency and in all
be cumulative of other
the subject matter
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Section 4: Savings Clause: If any provision, section,
exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person
or set of circumstances, shall for any reason be held un-
constitutional, void or invalid, such invalidity shall not
affect the validity of the remaining provisions of this
ordinance or their application to other persons or sets of
circumstances and to the end all provisions of this ordi-
nance are declared to be severable.
Section 5: Penalty Clause: Any person who shall
violate any provision of this ordinance shall be deemed by a
fine of not less than Ten ($10.00) Dollars, nor more than
Two Hundred ($200.00) Dollars. Each day of the continuance
of such violation shall be considered a separate offense and
each and every day shall constitute a separate violation.
Section 6: Effective Date: This ordinance shall take
effect from and after ten (10) days from its passage by the
City Council. The City Clerk is hereby directed to give
notice hereof by causing the caption of this ordinance to be
published in the official newspaper of the City of Baytown
at least twice within ten (10) days after the passage of
this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council of the City of Baytown on this the 28th
day of April 1977.
TOM GENTRY, -Mayor
ATTEST:
EiL•EEN P. HALL, City Clerk
APPROVED:
NEEL/ CWMD ON, City torney
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