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Home My WebLink AboutOrdinance 10452~~ ORDINANCE NO IO" t ~~ AN ORDINANCE MAKING AND ADOPTING FINDINGS OF FACT CON- CERNING FIREWORKS, AMENDING THE FIRST PARAGRAPH OF SECTION 78.102 OF THE 1988 UNIFORM FIRE CODE AS ADOPTED BY THE FORT WORTH CITY COUNCIL IN CITY OF FORT WORTH ORDINANCE N0. 10328 TO DECLARE THE POSSESSION, USE, MANUFACTURE, SALE, OFFERING FOR SALE, GIVING, TRANSPORTATION OR DISCHARGE OF FIREWORKS WITHIN FIVE THOUSAND FEET OF THE CORPORATE LIMITS OF THE CITY OF FORT WORTH TO BE A NUISANCE AND PROHIBITING SAME WITH AN EXCEPTION FOR SUPERVISED PUBLIC FIREWORKS DISPLAYS BY ARTISANS IN PURSUIT OF THEIR TRADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAT, the United States Consumer Products Safety Commission reports that, in the years 1985 through 1988, an average of 10,525 fireworks-related injuries per year were treated in hospital emergency rooms in the United States; and WHEREAS, in 1988 fire departments in the State of Texas reported 699 fireworks-related fires to the Texas State Board of Insurance, with an estimated property damage amount of $632,425; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXASo r SECTION I. FACT-FINDING AND DECLARATION OF NUISANCE A. The City Council adopts the above-recited statistics concerning fireworks-related injuries, fires and property damage and finds that fireworks pose a substantial hazard to the health, safety and welfare of the citizens of the City of Fort Worth. B. Based on the foregoing findings of fact, the City Council further finds and hereby declares that the possession, use, manufacture, sale, offering for sale, gift, transportation or discharge of fireworks is a nuisance and same is prohibited in the corporate limits and within 5,000 feet of the corporate limits of the City of Fort Worth. SECTION II. AMENDMENT OF 1988 UFC SECTION 78.102(bl The first paragraph of Section 78.102 of the 1988 edition of the Uniform Fire Code, as adopted by the City Council in i a 32,E Ordinance No. and codified in Section 13-2 of the Code of the City of Fort Worth (1986), as amended, is hereby amended and, as amended, shall read: "The City Council finds and hereby declares that the possession, use, manufacture, sale, offering for sale, gift, transportation or discharge of fireworks within the corporate limits of the City of Fort Worth, or within five thousand feet of the corporate limits of the City of Fort Worth, is a nuisance and that it shall be unlawful for any person to possess, use, manufac- ture, sell, offer for sale, give away, transport, or discharge fireworks of any description within the corporate limits, or within five thousand feet of the corporate limits; provided, however, that the fire chief shall have the power to adopt reasonable rules and regulations for the granting of permits for super- vised public displays of fireworks by artisans in pursuit of their trade." The remaining paragraphs of Section 78.102, as heretofore adopted by the City Council and codified, shall remain unchanged. ~ 2 x SECTION III. CUMULATIVE This ordinance shall be cumulative of all provisions of ordi-- nances and of the Code of the City of Fort Worth (1986}, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION IV. PENALTY Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Code shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION V. SEVERABILITY It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in 3 this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION VI. SAVINGS All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provi- i sions of Chapter 13 of the Code of the City of Fort Worth, as amended, or any other ordinance affecting construction and fire safety which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pend- ing litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION VII PUBLICATION IN OFFICIAL NEWSPAPER The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION VIII. ENGROSSMENT AND ENROLLMENT The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the 4 -a_w~ ~ <. s` City Council and by filing the ordinance in the ordinance records of the City. SECTION IX. EFFECTIVE DATE This ordinance shall be in full force and effect thirty (30) days after its passage and publication, and it is so ordained APPROVED AS TO FORM AND LEGALITYa / ~ ~ ~2ity A torney ~ ~~,~ .-_. Date • ~~/ lit ~'S ADOPTED • i f,-~ EFFECTIVE 5 rrAyrcR FIt.E•1 ~Z.~~ ®~ 1L' ®~~ ~®11~~(~it-~ ~~.~~Z~ Accout`T~no•z ~,~,~p ~'// ~j r~ ~ ,(f rn'~y~ ~ n ~j ,/~,~// ~) TRANSPORTATION f pLD W' \r~G~J31~7~ ®~ Il.((~ 0 Ili ~ ~ ® Ili1V ~ lLi ~ ~ ~ ®~ (l Il lV U~1V ~ (L (l.i Il.(L ~ ~ ®0 lli NAYfp AOM tRA710N i eeelll~~~ _ - DATE REFERENCE suB~ECr ADOPTION OF FIRE CODE AMENDMENT PAGE NUMBER ~,aEAOatlats R4~~a•~_89 G-$340 ON FIRE WORK5 , afr.._-1_ u-w.r RECOMMENDATION ~~~ It is recommended that the City of Fort Worth adopt the attached ordinance declaring fireworks a nuisance and banning their use within the corporate ,. ~ limits of the City and within five `thousand feet of the City corporate limits. nrcrllccrnn) The proposed ordinance is made necessary by State statute (Sec. 2.7.042, Tex Loc. Gov't Code) which authorizes the City to enforce a ban on nuisances up to five thousand feet outside the corporate limits. Because of the injuries and fire loss due to fireworks, a ban on their use has been in effect for many years. Similar language was written into the latest edition of the Fort Worth Fire Code (Ordinance 10328), however, the State-required language needed to continue this ban was inadvertently omitted from the most recently adopted fire code. FINANCING• No additional resources beyond current budgeting are required. BT•w/6 APPRQVED B~ CITY COUNCIL DEC 5 1989 ~~ City Secretary of tha Citp of for Worth Ted SUBMITTED FOR IMt DISPOSI710N BY COUNCIL. PROCESSED BY CITY MANAGER'S [] APPROVED OFFICE BY Ramon Guajardo ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD:H McMillen CITY SECRETARY -- - FOR ADDITIONAL INFORMATION CONTACT Burkhart 6845 A~Qp~pd rdinanCP, N0. DATE