HomeMy WebLinkAboutOrdinance 21137-03-2014 ORDINANCE NUMBER 21.137-03-2014
AN ORDINANCE AMENDING THE FORT WORTH FIRE CODE, BY PROVIDING
AN AFFIRMATIVE DEFENSE FOR THE POSSESSION OF FIREWORKS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 22, 2011, the City Council of the City of Fort Worth ("City
Council") adopted the 2009 International Fire Code with local amendments and established
the current version of the Fort Worth Fire Code, codified in Chapter 13 of the Code of the
City of Fort Worth;
WHEREAS, Section 13-2, subsection 3301,1.3 of the Code of the City of Fort
Worth states that the possession, manufacture, storage, sale, handling and use of fireworks
are prohibited;
WHEREAS, on September 1, 2013, Texas House Bill 1813 became went into
effect, amending Section 342.003 of the Local Government Code relating to the authority of
a municipality to confiscate packaged fireworks;
WHEREAS, the City Council seeks to conform the Code of the City of Fort Worth
provisions relating to the possession of fireworks to the state law-, and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
Section 13-2 of the Code of the City of Fort Worth (1986) is amended as follows:
Section 3301.1.3 Change to read as follows:
3301.1.3 F'irewo •ks. The possession, manufacture, storage, sale,
handling and use of fireworks are prohibited.
Exception: The use of fireworks for display as permitted in Section
3308.
Ordinance No. 21137-03-2014
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Affirmative Defense: The defendant was operating or was a
passenger in a motor vehicle that was being operated in a public place, and
the fireworks were not in the passenger area of the vehicle. For purposes of
this section, the "passenger area" of a motor vehicle means the area of the
vehicle designed for the seating of the operator and the passengers of the
vehicle. The term does not include: (1) a locked glove compartment or
similar locked storage area; (2) the trunk of a vehicle; or (3) the area behind
the last upright seat of a vehicle that does not have a trunk.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the
City of Fort Worth, Texas, (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 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and, if any ph-rase, 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 ph-rases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance;
and, as to such accrued violations and all pending 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 5.
All other provisions of Chapter 13 of the Code of the City of Fort Worth, as
amended, shall remain in full force and effect, save and except as amended by this
ordinance.
Ordinance No. 21137-03-2014
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SECTION 6.
This ordinance shall take effect upon adoption, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST: —�
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Assistant City Attorney Mary J. , 0 Secretary
ADOPTED: March 4, 2014
EFFECTIVE: 1z6._w1
Ordinance No. 21137-03-2014
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/4/2014 - Ordinance No, 21137-03-2014
............
DATE: Tuesday, March 04, 2014 REFERENCE NO.: **G-18134
LOG NAME: 362014CITYCODEAMENDNIENTS
SUBJECT:
Adopt Ordinance Amending Chapter 13, Section 13-2, Subsection 3301.1.3 of the Code of the City of Fort
Worth, Explosives and Fireworks, to Provide an Affirmative Defense to the Possession of Packaged
Fireworks (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 13, Section 13-2,
Subsection 3301.1.3 of the Fort Worth City Code relating to the authority of a municipality to confiscate
packaged fireworks, to provide an affirmative defense to the possession of packaged fireworks.
DISCUSSION:
On March 22, 2011, the City Council adopted the 2009 International Fire Code with Local Amendments,
which took effect on April 1, 2011 (M&C G-17250). This action established the existing Fort Worth Fire
Code, which is codified in Section 13-2 of the Fort Worth City Code.
Section 13-2, subsection 3301.1.3 of the Fort Worth City Code states that the possession, manufacture,
storage, sale, handling and use of fireworks are prohibited.
On September 1, 2013, Texas House Bill 1813 went into effect and amended Section 342.003, of the
Local Government Code relating to the authority of a municipality to confiscate packaged fireworks to
provide an affirmative defense to the possession of packaged fireworks. The affirmative defense may be
raised if the defendant was operating or was a passenger in a motor vehicle that was being operated in a
public place, and the fireworks were not in the passenger area of the vehicle.
It is recommended that Chapter 13, Section 13-2, subsection 3301.1.3, of the Fort Worth City Code be
amended to include the affirmative defense, to conform with state law.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department__Head: Rudy Jackson (6801)
Additional Information Contact: Rudy Jackson (6801)
Logname: 36201.4CITYCODEAMENDMENTS Page 1 of 1