Ordinance 1972-20
ORDINANCE NO. 7;l- ;t(}
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~ PRO-
VIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE~ PROVIDING
THAT THIS ORDINANCE SHALL BE APPLICABLE AND IN FORCE WITHIN THE
CITY~ PROVIDING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE:
SECTION I. Definitions - The term "fireworks" as used in this ordinance
shall mean and include any firecrackers, cannon crackers, sky-rockets,
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 shall include all articles or substances within the commonly
accepted meaning of fireworks whether herein specially designated and
defined or not.
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, executors, and administrators.
SECTION II. Fireworks Prohibited. It shall be unlawful for any person
to manufacture, assemble, store, transport, receive, keep, sell, offer
or have in his possession with intent to sell, use, discharge, cause to
be discharged, ingite, detonate, fire or otherwise set in action any
fireworks of any description.
SECTION 3. Exceptions. This ordinance shall not apply to signal flares
and torpedoes of the type and kind commonly used by any railroad and
which signal flares and torpedoes are received by and stored or transported
by any such railroad for use in railroad operation~ nor shall this
ordinance apply to any marine signal flare or rocket of the type and
kind commonly carried by a vessel at sea for its own use and which signal
flares or rockets are transported or received or stored for use only as
ship'S stores nor shall this ordinance apply to signal flares 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 Wylie in violation of this ordinance
is herby declared to be a common and public nuisance. The Fire Marshall
is directed and required to seize and cause to be safely destroyed any
fireworks found within the jurisdiction in violation of this ordinance
and any member of the Fire Department of the City of Wylie or any police
officer of the City of Wylie 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 Marshall can be notified in
order that the said fireworks may be seized and destroyed in accordance
with the terms of this section. Notwithstanding any penal provision of
this article, the City Attorney is authorized to file suit on behalf of
the City of Wylie 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 jurisdiction of the City and to aid the Fire
Marshall 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 relief as a
prerequisite to such seizure and destruction. The Fire Marshall or any ,
member of the Fire Prevention Division of.the City of Wylie 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.
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SECTION 5. Penalties. Any person who shall manufacture, assemble,
store, transport, receive, keep, sell, offer for sale or have in 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 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 any fireworks shall be fined
not less than Twenty-five Dollars ($25.00) nor more than Two Hundred
Dollars ($200.00). Any parent or guardian of any minor child below
the age of fourteen (14) who permits or allows such minor child to use,
discharge, ignite, detonate, fire or otherwise set in action any fire-
works shall be fined not less than Twenty-five Dollars ($25.00) nor
more than Two Hundred Dollars ($200.00).
SECTION 6. Territorial Applicabilitv. This ordinance shall be applicable
and in force throughout the territory of the City of Wylie within its
corporate limits.
SECTION 7. Severability Clause. If any provision, section, subsection,
sentence, clause or phrase of this ordinance, or the application 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 circumstances shall not be
affected thereby, it being the intent of the City Council of the City
of Wylie 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 severable.
SECTION 8. This ordinance shall be passed finally on the date of its
introduction, this ~S~ day of 1\ (}i-u'-~-v~L' \of , 1972, and shall take
effect immediately upon its passage and approval by the City Council.
PASSED THIS ,').. g 1::_,: DAY OF )'\ 6-(,u...y,l"t/ , A. D. 1972.
APPROVED THIS DAY OF , A. D. 1972.
APPROVED: Cuu#6-t.4dJ
Mayor of City of Wylie
City Attorney