HomeMy WebLinkAboutOrdinance 2286 ORDINANCE NO.
AN ORDINANCE PROHIBITING ANY PERSON TO HAVE, KEEP,
STORE, SELL, OFFER FOR SALE, GIVE AWAY, USE, TRANS-
PORT, MANUFACTURE, DISCHARGE, IGNITE OR IN ANY MANNER
AID, ASSIST OR ABET IN THE DISCHARGING OR IGNITING
OF ANY FIRECRACKER WITHIN THE CORPORATE LINTS OF
THE CITY OF FORT WORTH, TEXAS; DEFINING TERMS; DE-
CREEING THAT THE POSSESSION OF A FIRECRACKER SHALL
CONSTITUTE PRIMA. FACIE EVIDENCE OF AN INTENT TO VIO-
LATE THE ORDINANCE; GRANTING PERMITS TO KEEP, STORE
AND TRANSPORT FIRECRACKERS UNDER CERTAIN CONDITIONS;
MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDI-
NANCES AFFECTING EXPLOSIVES EXCEPT IN THOSE INSTANCES
IN WHICH A CONFLICT EXISTS; PRESCRIBING A SAVINGS
CLAUSE; FIXING A PENALTY FOR THE VIOLATION THEREOF;
DECLARING AN EMERGENCY; AND NAMING AN EFFECTIVE DATE.
M IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
The following terms used in this ordinance are defined as follows-
"Firecracker" shall include any contrivance made of
paper, pasteboard or other material, and containing ex-
plosives or materials combined in various proportions
for the purpose, when ignited or lighted by hand or other-
wise, of making a noise, creating an explosion or produo-
ing a pyrotechnic display.
"Person" shall mean and refer to any natural person or
association of natural persons, trustees, receiver, partner-
ship, corporation, organization, or the manager, agent,
servant or employee of any of them.
SECTION 2.
It shall be unlawful for any person to have, keep, store, sell, offer
for sale, give away, use, transport, manufacture, discharge, ignite or in
any manner aid, assist or abet in the discharging or igniting of any fire-
cracker of any size within the corporate limits of the City of Fort Worth,
Texas.
SECTION 3.
The possession of a firecracker within the corporate limits of the
City of Fort Worth, Texas, shall constitute prima facie evidence of an in-
tention to violate the provisions of this ordinance and shall be deemed an
offense.
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.SECTION 4.
The Chief of the Fire Department may grant to a person a permit for
a period not to exceed one year at a time to keep, store and transport
firecrackers, provided that prior to the adoption of this ordinance the
permittee has a warehouse that he is using for the purpose of dealing in
firecrackers in wholesale lots, and provided further that the application
shows that adequate safeguards have been taken to protect life and property
and that no sales will be made for use in the City of Fort Worth.
SECTION 5.
This ordinance shall be, and is hereby declared to be, cumulative
of all other ordinances of the City of Fort Worth, Texas affecting ex—
plosives and shall not operate to repeal or affect any such ordinance or
ordinances except insofar as the provisions of such ordinance or ordinances
are inconsistent or in conflict with the provisionslof this ordinance, in
which instance or instances those provisions shall be and they are hereby
expressly repealed.
SECTION b.
If any section, part of a section or provision of any section of
this ordinance shall be held to be void, ineffective or unconstitutional
by a court of competent jurisdiction, the holding of such section, part
of a section, or provision of any section to be void, ineffective or un—
constitutional for any cause whatsoever shall in no way affect the validity
of the remaining sections and provisions of this ordinance, which shall
remain in full force and effect. The Council would not have passed any
sections, parts of sections or provisions of any sections that were un—
constitutional, void or ineffective if they had known that they were uncon-
stitutional, void or ineffective at the time of adopting this ordinance.
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SECTION 7.
Any person found guilty of violating any of the provisions of this
ordinance shall be fined in any sum not to exceed One Hundred Dollars
($100.00), and each violation or each day that there is a failure to com-
ply with the terms of this ordinance shall constitute a separate offense.
SECTION 8.
The fact that many people in the City of Fort Worth have suffered
from injuries and infectious diseases inflicted as a result of the firing
of firecrackers in and on the streets, thoroughfares, public places, prem-
ises of residences, commercial and industrial enterprises; that the use
and explosion of firecrackers annoys and disturbs the quiet, comfort and
peace of persons of ordinary sensibilities; that their use constitutes a
continuing menace and danger to public health and safety; and that the
present ordinances and regulations are insufficient to afford adequate
protection against the present hazard, an emergency is created and impera-
tive public necessity requires, in the preservation of the health and safe-
ty of the people, that this ordinance be passed and that it become effec-
tive and in full force and effect immediately after its adoption and pub-
lication as provided by the Charter of the City of Fort Worth, and it is so
ordained.
APPROVED;AS TO FORM: '
City Attorney
ORDINANCE
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