Loading...
HomeMy WebLinkAboutOrdinance 3099 r ORDINANCE NO. 3 0 9 AN ORDINANCE PROHIBITING FIREWORKS; DEFINING THE TERM "FIREWORKS"; DEFINING THE TERM "PERSON"; 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--TRIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING THAT THIS ORDINANCE SHALL BE APPLI- CABLE AND IN FORCE WITHIN THE CITY AND SHALL ALSO BE APPLICABLE AND IN FORCE WITHIN THE AREA IMEDIATELY ADJACENT TO THE CITY LIMITS OF THE CITY OF FORT WORTH AND EXTENDING FOR A DISTANCE OUTSIDE THE CITY LIhBTS 5000 FEET, EXCEPTING PORTIONS OF SUCH AREA IN OTHER MUNICIPAL CORPORATIONS; PROVIDING THAT IT SHALL NOT BE NECESSARY TO NEGATIVE EXCEPTIONS IAJ PROSECUTIONS UNDER THIS ORDINANCE; PROVIDING A REPEALING CLAUSE; AND PRO- VIDING A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF FORT WORTH: SECTION 1 DEFINITIONS The term "fireworks" whenever used in this ordinance shall be held-to-mean any sparkler, squib, rocket, firecracker, Roman candle, tor- pedo, fire balloon, star shell, cannon cracker, gerb, or any other substance in whatever combination by any designated name used to obtain a visible or audible pyrotechnic display and shall include all articles or substances within the commonly accepted meaning of fireworks, whether herein specifically designated and defined or not. The term "person" shall mean and include any natural person, association of persons, partnership, corporation, agent or officer, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors, administrators, parents and guardians. SECTION 2 FIREWORKS PROHIBITED It shall be unlawful for any person to have, Keep, store, use, manufacture, assemble, sell, handle, transport, receive, offer for sale, or have in his possession with intent to sell, use, discharge, cause to be dis- charged, ignite, detonate, fire or otherwise set in action any fireworks of any description. SECTION 3 EXCEPTIONS This ordinance shall not apply to the possession or use of signaling devices for current daily consumption by railroads, vessels, and others requiring them, nor shall this ordinance apply to the posses- sion, sale, or use of normal stocks of flashlight compositions by photo- graphers, or dealers in photographic supplies; nor shall this ordinance apply to signal flares or rockets for military or police use. SECTION Q FIREWORKS A PUBLIC NUISANCE The presence of any fireworks within the jurisdiction of the City of Fort Worth in violation of this ordinance is hereby declared to be a nuisance. The Fire Marshal is hereby directed and required to seize and cause to be destroyed any fireworks found within the jurisdiction in viola- tion of this ordinance and any member of the Fire Prevention Division of the Fire Department of the City of Fort Worth or any police officer of the City of Fort Worth or any other 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 said fireworks may be seized and destroyed in accordance with the terms of this section. Not- withstanding any penal provision of this ordinance, the City Attorney is authorized to file suit on behalf of the City of Fort Worth or the Fire Marshal or both for such injunctive relief as may be necessary to prevent unlawful storage, transportation, the keeping or using of fireworks within the jurisdiction of the City and to aid the Fire Marshal in the discharge of his duties and to particv2arly prevent any person from interfering or attempting to interfere 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 Marshal or any member of the Fire Prevention Division of the Fire Department of the City of Fort Worth 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. In any instance where the Fire Marshal or any of his duly authorized assistants have probable cause to believe that fireworks are being stored in a building they shall promptly enter the building for the purpose of inspec- tion and it shall be the duty of the owner, lessee, their agents or anyone else thereof to open and permit their entry to the building. SECTION 5 PENALTY Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not to exceed Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6 TERRITORIAL APPLICABILITY This ordinance.shall be applicable and in force throughout the territory of the City of Fort Worth within its corporate limits. This ordinance shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits of the City of Fort Worth and extending for a distance outside the city limits for a total of 5000 feet, and it shall be unlawful to do or perform any act in violation of this ordinance within such area of 5000 feet outside the city limits pro- vided that this ordinance shall not apply within any portion of such 5000 foot area which is contained within the territory of any other municipal corporation. SECTION 7 NOT NECESSARY TO NEGATIVE EXCEPTIONS In any prosecution for any violation of this ordinance, it shall not be necessary for the prosecution to negative any provisions of excep- tion, but the same may be raised by the defendant by way of defense. SECTION 8 REPEALING CLAUSE All ordinances of the City of Fort Worth governing fireworks and pyrotechnics are hereby expressly repealed, but the repeal of all of such ordinances shall not abate any pending prosecution for the violation of any such ordinances nor shall the same prevent a prosecution from being commenced for any violation of such ordinances which violation occurred prior to the repeal of the ordinance. SECTION 9 SEVERABILITY CLAUSE If any provision, section, sub-section, 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 in- valid, or for any reason unenforceable, the validity of the remaining portions of this ordinance or their application to other persons or sets of circum- stances shall not be affected thereby, it being the intent of the City Council of the City of Fort Worth in adopting this ordinance, that no por- tion thereof or provision or regulation contained herein shall become in- operative 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 10 This ordinance shall take effect and be in full force and effect from and after its passage and publication as provided by law. �—�AYOR"tr THE CITY OF FORT ';FORTH APPROVED AS TO FORM: Assistant City Attorney ORDINANCE NO 5 pia - Filed - -- - -- - bay o - City Secretary