State law references–Municipal fire protection, V.T.C.A., Local Government Code, sec. 342.001 et seq.; authority of city to establish fire regulations, V.T.C.A., Local Government Code, sec. 342.003.

This article is adopted so that the village council may promote the public health, safety, morals, and general welfare within the village through the prohibition of the sale, manufacture, possession, use, or combustion of fireworks. By prohibiting the sale, manufacture, possession, use, or combustion of fireworks, the village council seeks to prevent bodily injury, death, and the loss or damage of property within the village limits. (Ordinance 2001-06-01, sec. II, adopted 6/4/01)

Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases which are not defined in this article but are defined in other ordinances of the village shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this article.

Explosives means any gunpowders, blasting materials, or any other chemical compounds or mechanical mixtures containing any oxidizing or combustible ingredients in such proportions that may or have the capability to cause an explosion. The term “explosives” shall not include signaling devices or emergency equipment. The term “explosives” shall also not apply to ammunition designed to be fired from a handgun, rifle, or shotgun held by the hand or to the shoulder; explosive materials or ingredients possessed by any employee of a village police department, county sheriff, or federal or state government, provided that such materials or ingredients are to be used for the purpose of law enforcement; or flammable liquids or other explosive materials or ingredients already regulated by the state or federal government.

Fireworks means any firecrackers, cannon charges, skyrockets, missiles, showers, roman candles, sparklers, spinning discs, star shells, torpedoes, squibs, stick rockets, jumping jacks, M-60’s, M-80’s, smoke bombs, or any other substance which is intended for use in creating a visible or audible pyrotechnic display, and such term shall include all articles or substances within the meaning of fireworks, whether herein specifically named, designated, or defined or not.

Person means and includes any natural person, association of persons, partnership, corporation, agent, or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors, and administrators.

Village limits means the municipal boundaries of the village.

(Ordinance 2001-06-01, sec. III, adopted 6/4/01)

1. Civil and criminal penalties. The village shall have the power to administer and enforce the provisions of this article as may be required by governing law. Any person violating any provision of this article is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is hereby declared to be a nuisance.
2. Criminal prosecution. Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
3. Civil remedies. Nothing in this article shall be construed as a waiver of the village’s right to bring a civil action to enforce the provisions of this article and to seek the remedies as allowed by law, including but not limited to the following:
   1. Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article;
   2. A civil penalty up to $1,000.00 per day when it is shown that the defendant was actually notified of the provisions of this article and after receiving notice committed acts in violation of this article or failed to take action necessary for compliance with this article; and
   3. Other available relief.

(Ordinance 2001-06-01, sec. VII, adopted 6/4/01; Ordinance adopting Code)

It shall be unlawful for any person to sell, manufacture, keep or possess, use, or ignite or cause the combustion of fireworks of any kind or description within the village limits. (Ordinance 2001-06-01, sec. IV, adopted 6/4/01)

Section 6.02.004 of this article shall not apply to such person or persons who have obtained the express written consent of the village council to engage in the use or combustion of fireworks as part of a public or private festival or holiday display. Persons wishing to become duly authorized for this purpose must, prior to authorization, comply with any and all licensing or permitting requirements. (Ordinance 2001-06-01, sec. V, adopted 6/4/01)