O-256-2-79CITY OF ALLEN, TEXAS, ORDINANCE NO. 256
AN ORDINANCE PROHIBITING FIREWORKS; DEFINING THE TERM FIREWORKS;
PROVIDING CERTAIN EXCEPTIONS; DECLARING FIREWORKS TO BE A PUBLIC
NUISANCE AND AUTHORIZING THEIR SEIZURE AND DESTRUCTION WHERE FOUND
IN VIOLATION OF THIS ORDINANCE; AUTHORIZING THE PROSECUTION OF SUITS
FOR INJUNCTIVE RELIEF IN AID OF THIS ORDINANCE; PROVIDING PENALTIES
OF NOT LESS THAN TWENTY-FIVE ($25.00) DOLLARS NOR MORE THAN TWO -
HUNDRED DOLLARS ($200.00) FOR VIOLATION OF THIS ORDINANCE; PROVIDING
THAT THIS ORDINANCE SHALL BE APPLICABLE AND IN FORCE WITHIN THE
CORPORATE LIMITS OF THE CITY OF ALLEN AND WITHIN THE AREA IMMEDIATE-
LY
MMEDIATELY ADJACENT AND CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF ALLEN
AND EXTENDING FOR A DISTANCE OUTSIDE OF THE CITY LIMITS FOR A TOTAL
OF FIVE THOUSAND (5,000) FEET, EXCEPTING, HOWEVER, ANY PORTION OF
SUCH AREA INCLUDED IN ANY OTHER MUNICIPAL CORPORATION; PROVIDING
THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS IN PROSECUTIONS
UNDER THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:
SECTION I: DEFINITIONS - The term "Fireworks", as used in
this ordinance, shall mean and include any combustionable or ex-
plosive compositions, or any substance or combination of substances,
or device prepared for the purpose of producing a visible or audible
effect or pyrotechnic display by combustion, explosion, deflagration,
or detonation, and shall include, but not be limited to, the fol-
lowing: blank cartridges, toy pistols, toy cannons, toy canes, or
toy guns in which explosives in excess of an average of .25 of a
gram of explosive materials are used, firecrackers, torpedoes, sky
rockets,,Roman candles, Daygo bombs, sparklers, cannon crackers,
squibs, fire balloons, star shells, gerbs, snakes, bottle rockets,
or any other device by whatever name, of like construction, and any
devices containing any explosive or flammable compound, or any tab-
let or other device containing an explosive substance whether here-
in specifically designated and defined or not. The term "Fireworks"
shall not include any auto flares, paper caps containing not in ex-
cess of an average of .25 gram of explosive content per cap, or
toy pistols, toy guns, toy canes, or other devices using such caps.
The term "person" shall mean and include any natural person,
association of persons, partnerships, corporations, agent or officer
of corporation and shall also include all warehousemen, common and
private carriers, bailees, trustees, receivers, retail clerks, ex-
ecutors, and administrators.
1.
1,
The::;Iterm "Fire Official" shall mean either the Fire Marshal or
the Fire Chief of the City of Allen, Texas, each of whom may admin-
ister and enforce this ordinance. To that end, either may take all
necessary action appropriate to safeguarding lives and property
against fire hazards,created by fireworks. Under the direction of
either the Fire Marshal of the City of Allen or the Fire Chief of
the City of Allen, any member of the Fire Department may be desig-
nated to enfor4e the provisions of this ordinance. The Fire Marshal
and the Fire Chief of the City of Allen shall enforce state laws and
city ordinances and executive orders pertaining to the investigation,
elimination, and prevention of fire and related hazards created by
fireworks. The Fire Marshal and the Fire Chief of the City of Allen
shall have the powers of a police officer when performing iiia" duties
under this ordinance, including the power to serve a summons, warrant,
or citation and to arrest or cause to be arrested any person violating
a provision of this ordinance.
SECTION II:
FIREWORKS
PROHIBITED -
Except as provided herein-
after, it shall
be unlawfu1j.for
any person
to manufacture, assemble
store, transport, receive, possess, keep, expose for sell, sell at
retail, offer or have in his possession with intent to sell, use,
discharge, cause to be discharged, ignite, detonate, fire, or other -
1
wise set in action any fireworks of any description; provided, howY
ever, that nothing in this=Section shill be construed as to apply to
signal flares and torpedoes of the type and kind commonly used by
any railroad or,other transportation agency for signaling or purposes
of illumination, nor shall anything in this Section apply to signal
flares or rockets as used by military or public service agencies,
or for signal or ceremonial purposes in athletics or sports.
SECTION III: PUBLIC DISPLAYS, REQUIRED PERMITS, REQUIRED BOND -
The Fire Official shall have power to adopt reasonable rules and
regulations for the granting of permits for supervised public displays
of fireworks by a jurisdiction, fair association, amusement park,
other organizations, or for the use of fireworks by artisans in pur-
suit of their trade. Every such display shall be handled by a
competent operator approved by the Fire Official, and shall be of
such character and so located,'discharged, or.fired so as not to be
hazardous to property or endanger any person. Applications for such
2.
permits shall be made in writing at least ten (10) days in advance
of the display to the Fire Official and the State Fire Marshal's
office, and shall be accompanied by a financial bond in an amount
sufficient to protect the permitee from damages to person or prop-
erty arising from the public display. After such privilege shall
be granted, sale, possession, use and distribution of fireworks
for such display shall be lawful for that purpose only. No permit
granted hereunder shall be transferable. Any fireworks that remain
unfired after the display is concluded shall be immediately removed
from the city's jurisdiction, or shall be disposed of in a way safe
for the particular type of fireworks remaining.
SECTION IV: FIREWORKS DECLARED A PUBLIC NUISANCE - The pres-
ence of any fireworks within the jurisdiction of the City of Allen,
in violation of this ordinance is hereby declared to be a common
and public nuisance. The Fire Official is directed and required
to seize and cause to be safely destroyed any fireworks found with-
in the jurisdiction in violation of this ordinance and any member of
the Fire Department of the City of Allen, or any Police Officer of
the City of Allen, or any other duly constituted peace officer is
empowered to stop the transportation of and detain any fireworks
found beingttransported illegally or to close any building where any
fireworks are found stored illegally until the FiFer'Official can be
notified•in order that the said fireworks may be seized and destroyed
in accordance with the terms.of this Section.
SECTION V - AUTHORIZING SUITS FOR INJUNCTIVE RELIEF - Not with-
standing -any penal provision of this article, the City Attorney is
authorized to file suit -on behalf of the.City bf Allem, or the Fire
Official, or both for injunctive relief as may be necessary to pre-
vent unlawful storage, transportation, retail selling, keeping or
use -of fireworks within the jurisdiction of the city and to aid the
Fire Official in the discharge of�his duties and to particularly
prevent any person from interfering with the seizure and destruction
of such fireworks, but it is not necessary to obtain any such in-
junctive�relief as a prerequisite to such seizure and destruction.
The Fire Official or any member of the Fire Department of the(City
of Allen, or any member of the Police Department of the City of Allen
is hereby authorized to enter any building where unlawful presence
of fireworks is suspected in order to inspect the same for the
presence of such fireworks.
s
i
SECTION VI: PENALTIES FOR VIOLATION - Any person who shall
manufacture, assemble, stare, transport, recieve, possess, keep,
expose for sell, sell at retail, offer or have in his possession
with intent to sell any fireworks shall be fined not less than
Twenty-five Dollars ($25.00) nor more than Two -Hundred Dollars i
($200.00) for each offense. If the fireworks be separately wrap-
ped -or separately packaged, 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 tany fireworks
shall be fined not less than Twenty -Five Dollars ($5:00) nor
more than Two Hundred Dollars ($200.00). Any parent or guardian'
of any minor child below the age of twelve (12) who permits or
allows such minor child to use, discharge, 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).
SECTION VII: TERRITORIAL APPLICABILITY - This ordinance shall
be applicable and in force throughout the territory.�of the City of
Allen, Texas, within its corporate limits, and(*ithin the area im-
r'
mediately adjacent and contiguous to the City Sorporate limits of
the City,of Allen, Texas, and extending for a distance outside the
city limits for a total of five"'thousand (5,000) feet outside the
city limits; provided that this ordinance shall not apply within
any portion of such 5,000 feet area which is contained within the
territory of any other municipal corporation.
SECTION VIII: NOT NECESSARY TO NEGATIVE EXCEPTIONS: In any
prosecution for any violation of this ordinance, it shall not•be
necessary for the prosecution to negative any provision or exception
but the same -may be raised by the defendant by way of defense.
SECTION IX: REPEALING CLAUSE: All provisions of any ordinance
I
4•
in conflict herewith are hereby repealed so far only as a said
ordinance effects only that portion herein;. but the repeal of such
ordinance shall not abate any pending prosecution for violation of
such ordinance,trnor shall the same prevent a prosecution from being
commenced for any violation of such ordinance, which violation
occurred prior to the repeal of the ordinance.
SECTION X: SEVERABILITY CLAUSE: If any provision, section,
subsection, sentence, clause or phrase of this ordinance, or the ap-
plication of same to any person or set of circumstances, is for any
reason held to be unconstitutional, void, or invalid, or for any
reason unenforceable, the validity of the remaining portions of
this ordinance or their application to other persons or sets of cir-
cumstances cannot be affected thereby, it being the intent of the
City Council of the City of Allen in adopting this ordinance, that
no portion thereof or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality or
invalidity of any other portion, provision, or regulation, and to
this end, all provisions of this ordinance are declared -to be sever-
able.
SECTION XI: PUBLICATION CLAUSE, EFFECTIVE DATE The caption
of this ordinance shah be published time in a weekly, news-
.,
paper published in the City of Allen and having general circulation
in this city. This ordinance shall be effective immediately upon
its passage and publication of its caption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, on this, the 15th day of__ , 1979.
MAYOR.. CITY OF ALLEN, TEXAS
RECORDED:a. "L'
- ,
APPROVED AS TO FORM:
CITY ATTORNEY
Publisked ix tke Allen Aaerican Marck 1 and 5tk aad 19tk.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
'BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on , by
of Collin County, Texas. A printed copf of 4aid publication is
SUBSCRIBED AND SWORN to before me this day of
Publisher's Fee $
C�z6
, A.D. 19�
Notary Public in and for Collin County, Texas
LEGAL NOTICES
ORDINANCE NO.256 L
r r.
An ordinance prohibiting
fireworks: defining the term
fireworks; providing certain
exceptions; declaring fire-
works to be a public nuisance
and authorizing their seizure
and destruction where found
in violation of this ordinance;
authorizing the prosecution of
suits for injunctive relief in
aid of this ordinance; pro-)
viding penalties of not less
than twenty-five ($25.00) dol-
lars nor more than two -hun-
dred dollars ($200.00) for
violation of this ordinance;
x providing that this ordinance t
shall be. applicable and In
force within the corporate
limits of the City of Allen and
within the area immediately ]
adjacent and contiguous to
rhe city limits of the City of
Allen and eaitending .for a
distance outside of the'city
limits for a total of five
thousand (5,000) feet, except- r
ing, however, any portion of
such area included in any
other municipal corporation;
providing that it shall not be
necessary to negative excep-
tions in prosecutions under
this ordinance; providing a
repealing clause; providing a
severability clause; providng
t for the publication of the,
caption hereof; and providing
F for an effective date.
BE IT ORDAINED by the
City Council of the City of
Allen, Texas:
'SECTION XI: PUBLI-
CATION CLAUSE, EFFEC-
TIVE DATE: The caption of
this ordinance shall be pub-,
lished two (2) times in a,
weekly newspaper published
f in the City of Allen and
I having general circulation in
this city. This ordinance shall
be effective immediately upon
its passage and publication of
its caption.
PASSED AND APPROV-
ED BY THE CITY COUN-
CIL OF THE CITY OF
, LLEN, TEXAS, on this,
the 15th day of February,
1979.
t �
-s-Mickey Pierson, Mayor
j City of Allen, Texas ]
CORRECTLY RECORDED:
-s-Juanelle Cooksey,
City Secretary
W3
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
,q
and which was issued on / �by
of Collin County, Texas. A printed copy/6f said publication is attached hereto.Ll/
day of `, A.D. 19 22 .
SUBSCRIBED AND SWORN to before me this
Publisher's Fee $
Notary Public in and for Collin County, Texas
LEGAL NOTICES
OR15iN%Rft NO.256
An ordinance prohibiting
fireworks: defining the term
fireworks; providing certain
i exceptions; declaring fire-
works to be a public nuisance
and authorizing their seizure
and destruction where found
in violation of this ordinance;
authorizing the prosecution of.
suits for injunctive relief in
aid of this ordinance; pro.
I viding penalties of not less
than twenty-five ($25.00) dol- '
Lars nor more than two-hun-
dreg dollars ($200.00) for
•.violation of this ordinance;
4 providing that this ordinance
h shall be applicable and in
force' within the corporate
limits of the City of Allen and
within the area immediately
adjacent and contiguous to
the city limits of the City of,
Allen arid= extending for a
distance outside of the city
limits for a total of five
thousand (5,000) feet, except-
ing, however, any portion of
such -area included in any
other municipal corporation; l
providing that it shall not be
necessary to negative excep-
tions in prosecutions under
this ordinance- providing a
repealing clause; providing a
severability 'clause; providng
for the publication of the
caption hereof; and providing
for an effective date.
BE IT ORDAINED by the
City" Council of the City of
Allen, Texas:
SECTION XI: PUBLI.
CATION CLAUSE, EFFEC-
TIVE DATE: The caption of
this ordinance shall be pub.
dished two (2) times` in 'a
weekly newspaper published
in the City of Allen. and
having general circulation in
this city. This ordinance shall
be effective immediately upon
its passage and publication of
.its caption.
PASSED AND APPROV.
ED BY THE CITY COUN.
CIL OF THE CITY OF
ALLEN, TEXAS, on this,
,the 15th day of February,
1979.
-s-Mickey Pierson, Mayor
City of Allen, Texas
iCORRECTLY RECORDED:
s-Juanelle Cooksey, l
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on l�% , by 0'1�2
of Collin County, Texas. A printed cop f sai publication is adachgo hereto.
SUBSCRIBED AND SWORN to before me this
Publisher's Fee $
6
day of V� , A.D. 197�f .
o a
Notary Public in and for Collin County, Texas
a�
providing that this ordinance ,
shall'
force _ _' ble and in
.wit the corporate+
limits of the City of Allen and
within the area- immediately
adjacent and,,contiguous to
'the city limits of the City of
Allen and extending for a
distance outside of the city
limits for a total of five
Ithousand (6,000) feet, except
ing, however, any portion' of
such 'area included in any
other municipal corporation;
t providing,that it shall not be,
necessary to negative excep.
tions in prosecutions under
E this, ordinance; " providing a
repealing clause; providing a
severability clause; providng
for the publication of the
caption hereof; and providing
for an effective date.
t _ .BE IT ORDAINED by the 1'
�. City Council' of, the 'City of
r Allen, Texas:
SECTION XI: PUBLI-
CATION CLAUSE, EFFEC-
TIVE DATE: The caption of i
this ordinance shall be pub-
lished two' (2) time's in. a 1,
weekly newspaper published
in the City of Allen and
LEGAL NOTICES,-'
having'general circulation in
this city..This ordinance shall ,
ORDINANCE N0.256 i
} be effective immediately upon
` K ,
its passage and publication of
AA ordinance prohibiting
r
its caption.
fireworks: defining the term
PASSED AND APPROV.
fireworks; providing certain
ED BY THE CITY COUN-
exceptions; , declaring fire-'
CIL OF THE CITY OF
works to be a public nuisance
ALLEN, EXAS, 6n this,
and authorizing their seizure •
the, 15th, . day of February;
and destruction where found
0799.
in violation of this ordinance;-.�-.F
-
authorizing the prosecution of
- ''
Pierson, Mayor
` suits for injunctive relief in
'.-Mickey
City of Allen, Texas
Y aid of this ordinance; pro-
viding penalties of not less
CORRECTLY RECORDED:
than twenty-five (625.00) dol-
-s-Juanelle Cooksey,
lar. nor more than two-hun-
'
City Secretary -
dred dollars ($200.00) for
violation of this ordinance;
W ) �1 +�