Ordinance 2015-33 ORDINANCE NO. 2015-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE
NO. 2005-07, AS AMENDED, CHAPTER 46 (FIRE PREVENTION AND
PROTECTION), ARTICLE IV (FIREWORKS), SECTIONS 46-63
(DECLARED A PUBLIC NUISANCE) AND 46-65 (TERRITORIAL
APPLICABILITY OF ARTICLE); CLARIFYING JURISDICTION TO
REGULATE FIREWORKS OUTSIDE OF THE CITY LIMITS IN
ACCORDANCE WITH RECENT CHANGE IN TEXAS LAW; PROVIDING
A PENALTY CLAUSE,SAVINGS/REPEALING CLAUSE,SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS,the City Council of the City of Wylie,Texas,("City Council")has investigated
and determined that it would be advantageous,beneficial and in the best interest of the citizens of the
City of Wylie, Texas ("Wylie') to amend Wylie's Code of Ordinances, Ordinance No. 2005-07,
Chapter 46(Fire Protection),Article IV(Fireworks), Sections 46-63 (Declared a Public Nuisance)
and 46-65 (Territorial Applicability of Article), as set forth below; and
WHEREAS, Section 217.042(a) of the Texas Local Government Code previously granted
Wylie the authority to regulate nuisances,including the sale or use of fireworks or similar materials,
within the Wylie city limits and within 5,000 feet outside of the Wylie city limits; and
WHEREAS, in accordance with then-existing law, Wylie prohibited as a nuisance, among
other things,the sale or use of fireworks or similar materials under Sections 46-63 and 46-65 of the
Wylie Code of Ordinances; and
WHEREAS, the Texas Legislature recently approved Senate Bill 1593, which amended
Section 217.042(a) of the Texas Local Government Code and added and Section 217.042(c)of the
Texas Local Government Code to provide that a municipality may define and prohibit as a nuisance
the sale or use of fireworks or similar materials only within the limits of the municipality; and
WHEREAS,the City Council has investigated and determined that it is necessary to amend
Sections 46-63 and 46-65 of the Wylie Code of Ordinances in accordance with the recent change in
law,provided,however,that the City Council does not intend with this Ordinance to limit Wylie's
authority to regulate fireworks or similar materials except as expressly limited by Sections
217.042(a) and 217.042(c) of the Texas Local Government Code; and
WHEREAS,Wylie has complied with all notices and public hearings as required by law;and
WHEREAS,the City Council finds that it will be advantageous and beneficial and in the best
interest of the citizens of Wylie to amend the Code of Ordinances as set forth below.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
Ordinance No.2015-33
Amending Code of Ordinances,
Chapter 46(Fire Protection),Article IV(Fireworks) Page 1
675857
OF WYLIE,TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Wylie's Code of Ordinances, Chapter 46 (Fire Protection,
Article IV (Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial
Applicability of Article). Wylie's Code of Ordinances, Chapter 46 (Fire Protection), Article IV
(Fireworks), Sections 46-63 (Declared a Public Nuisance) and 46-65 (Territorial Applicability of
Article)are hereby amended to read as follows:
"ARTICLE IV. FIREWORKS
Sec. 46-63 Declared a Public Nuisance
The presence of any fireworks within the territorial limits of the city in violation of
this article 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 territorial limits of the city in violation of this article. Any member of the
fire department of the city or any police officer of the city, 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 fireworks may be seized and destroyed in accordance with the terms of this
article. Notwithstanding any penal provision of this article, the city attorney is
authorized to file suit on behalf of the city 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 territorial limits 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. It shall not,however,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 is hereby
authorized,at reasonable times,to enter any building where the unlawful presence of
fireworks is suspected in order to inspect the building for the presence of such
fireworks.
Sec. 46-65 Territorial applicability of article.
The restrictions of this article shall be applicable and in force throughout the
territorial limits of the city and extending for a distance outside the territorial limits
of the city of up to 5,000 feet in any direction; provided, however, that this article
Ordinance No.2015-33
Amending Code of Ordinances,
Chapter 46(Fire Protection),Article IV(Fireworks) Page 2
675857
shall not be in effect within any portion of area which is contained within the territory
of any other municipal corporation, and further provided that the restrictions on the
sale and use of fireworks set forth in section 46-63 of this article shall be applicable
and in force only within the territorial limits of the city."
SECTION 3: Penal . Any person,firm,corporation or entity violating any provision of this
Ordinance or the Code of Ordinances,as they exist or may be amended, shall be deemed guilty of a
misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation shall
constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude
Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to
it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing. The Code of Ordinances shall remain in full force and
effect,save and except as amended by this or any other Ordinance. All provisions of any ordinance
in conflict with this Ordinance are hereby repealed to the extent they are in conflict,but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 5: Severability. Should any section,subsection,sentence,clause or phrase of this
Ordinance be declared unconstitutional and/or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. The City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof, regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 6: Effective Date.This Ordinance shall be effective immediately upon its passage
and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BMStephens, Ma�)
THE CITY OF
WYLIE,TEXAS, on this 13th day of October, 2
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ATTESTED TO AND CORRECTLY
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Date of Publication:October e LOAs
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Amending Code of Ordinances,
Chapter 46(Fire Protection),Article IV(Fireworks) Page 3
675857
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2015-33 and No. 2015-34
was published in said newspaper on the following dates, to-wit:
October 21, 2015
t �
J,
Chad Engbrock, Publisher
Subscribed and sworn before me on this, theday of , 2015
to certify which witness my hand and seal of office.
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V=`�� Notar Public i for
sY The State of Texas
My commission expires
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October 21-22,2015 SC
Ordinance Ordinance
No.2015-33 No. 2015-34
An Ordinance of the An Ordinance of the
City Council of the City of Wylie, Texas,
City of Wylie, Texas, amending the Com-
amending Wylie's Code prehensive Zoning
of Ordinances, Ordi- Ordinance of the City
nance No. 2005-07, as of Wylie, as hereto-
amended, Chapter 46 fore amended, so as
(fire prevention and to change the zon-
protection), Article IV ing on the hereinafter
(fireworks), sections described property,
46-63 (declared a pub- Zoning Case Number
lic nuisance)and 46-65 2015-10, from Com-
(territorial applicability mercial Corridor (CC)
of article); clarifying to Planned Develop-
jurisdiction to regu- ment - Light Indus-
late fireworks outside trial District (PD-LI)
of the city limits in ac- to allow limited light
cordance with recent industrial uses on ap-
change in Texas law; proximately 2 acres;
providing a penalty providing for a penalty
clause, savings/repeal- for the violation of this
ing clause, severability ordinance; providing
clause and an effective for the repeal of all or-
date;and providing for dinances in conflict;
the publication of the providing a severability
caption hereof. clause; and providing
for an effective date. 1
24-1t-65-339,