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Home My WebLink AboutORD 706 - ORD Prohibiting Fireworks within the Corporate City Limits 65 ] ORDINANCE NO. 706 :AN ORDINANCE PROHIBITING FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; DEF:tNING lTHE TERM FIREWORKS; PROVIDING CERTAIN EXCEPl'IONS; DEC~G:~_< jFIREWORKS TO BE A PUBLIC NUISANCE AND AurHORIZING THl5IR,'.1-, !SEIZURE AND DESTRUCTION WHERE FOUND IN VIOLATION OF THIS \ ORDINANCE; AUTHORIZING THE PROSECUTION OF SUITS FOlk'IN - ' JUNCTIVE RELIEF IN AID OF THIS ORDINANCE; PROVIDING' TlIA,T' THIS ORDINANCE SHALL BE APPLICABLE AND IN FORCE WITHIN THE CITY; PROVIDING THAT IT SHALL NOT BE NECESSARY' TO NEG- ATIVE EXCEPrIONS AND PROSECUTIONS UNDER THIS ORDINANCE AND PROVIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE: Section 1. Def'initions - The term "f'irewbrks" as used in this ordinance shall mean and includ~ any f'irecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, spark.lers, squibs, f'ire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended f'or use in obtaining visible or audible pyrotechnic display and shall include all articles or substances within the commonly accepted meaning of' f'ireworks whether herein specially designated and def'ined or not. J The term Itperson"shallmeanand include any natural person, assoc- iation of' persons, partnerships, corporations, agent or of'f'icer of' corporation, and shall also include.s..].l warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. Section 2. Fireworks Prohibited. It shall be unlawful f'or any person to manuf'acture, assemble, store, transport, receive, keep, sell, of'f'er or have in his possession with intent to sell, use, discharge, cause to be discharged, ignite, detonate, f'ire or otherwise set in action any f'ireworks of' any description. Section 3. Exceptions. This ordinance shall not apply to signal f'lares and torpedoes of' the type and kind commonly used by any railroad and which ~1gnal flares and torpedoes are received by and stored or transported by any such railroad f'or use in railroad operation; nor shall this ordinance apply to signalf'lares or rockets for military or police use. Section 4. Fireworks a Public Nuisance. The presence of' any fireworks within the jurisdiction of' the City of' West University Place 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 saf'ely destroyed any f'ireworks f'ound within the jurisdiction in violation of' this ordinance, and any member of' the Fire Department of the City of' West University Place or any police of'f'icer of' the City of' West University Place J - --", . _ J ----ti.c JII _.J , , t I . . <. , l Hfl' P.:<l$2Il!iIlO!;I!IIJltIHll!'l-~~. "'-6' [): ~J or any other duly constituted peac~ officer is empowered to stop the trans- portation of and detain any fireworks f~und being transported illegally(or ' to close any building where any fireworks are found being transported illeg- ally\or to close any building 'where any fireworks are found stored illegally until the Fire Marsha~ can be 'notified in order that the said fireworks may be seized and destroyed in accordance with the terms of this section. Not- withstanding any pepal provision of this article, the City Attorney is authorized to file suit on behalf of the City of West University Place or the Fire Marshal or bot~ for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks wi~hin the jurisdiction of the City and to aid the Fire Marshal in the discharge 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 re~ief as a prerequisite to such seizure and destruction. The Fire Marshal or, any member of the Fire Department desig- nated by the Fire Marshal 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 5 ~ _ ' Penalties. Any person who shall manufaC'ture, assemble, store, transport, receive, keep, sell, offer for sale or have:~n his possession with intent to sell any fireworks-.shall be fined Two Hundred Dollars ($200.00) for each offense. If the fireworks be separately wrapped or packaged, the doing or omitting to do any act prohibited by this ordinance shall be a sep- arate 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 ~-TO Hundred D~llars ($200.00). Any parent or guardian of any minor child below the a~;:of fourteen (14) who permits or allows such minor child to use, discharge, ign~~e, detonate, fire or otherwise set in action any fireworks shall be fined not ~~~s than Twenty-five Dollars ($25.00) nor more xhan Two Hundred DOllars(~f~~tOO). .,,' .. Section 6. Territorial Annlicability. (a) This ord~nance shall be ,applicab'le and .in force iJl1roughout the territory of the, City df'"West University Place within its corporate limits. Section 7. Not necessary to Negative Excentions. . In any prose- cution for any violation of this ordinance, it shall not be necessary for the prosecution to negative any ptoviso or exception but the same may be raised by the defendant by way of defense. Section 8. Severability Clause. If any provision, section, sub- section, s~ntence, clause or phrase of this ordinance, or the app~ication of same to any person or set of circumstances, is for any reason held to be un- constitutional, void or invalid (or for any reason unenforceable), the valid- ity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the [] ~ rn ] ] J 67', intent of the City Council of the C~tyof West University Place 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 portion'iprovision, or, regulation, and to this end, all provisions of this ordinance lire declared to be severable. Section 9. This ordinance shall take effect. innnediately upon its passage and approval by the Mayor. PASSED AND APPROVED THIS 14TH DAY OF MAY, 1956. COMMISSIONERS VorING AYE: All COMMISSIONERS VorI~G NO: Iil:Qne. ,ATl'EST: d~' ;;If- }/r~ MAYOR, City of West University Place " yr