Ord 113-93 9/21/1993 y _
I
ORDINANCE NO. p.3 - /3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING CHAPTER 15, ARTICLE I OF THE
CODE OF ORDINANCES TO REGULATE THE SALE, USE,
STORAGE AND MANUFACTURING OF FIREWORKS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW; PROVIDING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City Council has a desire to insure that the
safety and welfare of the citizens of Wichita Falls are
protected from the hazards of fires; and,
WHEREAS, fireworks are a major cause of increased fire
activities, due to the fact that they are inherently dangerous
devices.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. Chapter 15, Article I of the Code of
Ordinances of the City of Wichita Falls is hereby amended to
read as follows:
"Sec. 15-1. Fireworks.
(a) The word "pyrotechnics" as used in this section
shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or
article prepared for the purpose of producing a visible or an
audible effect by combustion, explosion, deflagration or
detonation, and shall include roman candles, sky rockets;
helicopter type rockets; cylindrical fountains, cone
fountains; wheels; illuminating torches and colored fire in
any form; sparklers and dip sticks; mines; shells;
firecrackers; salutes; whistles without report; squibs; a fire
balloon; a hydrogen filled balloon; signal lights; blank
cartridges; toy pistols, toy cannons, toy canes or toy guns in
which explosives are used; torpedoes; daygo bombs; or other
devices of like construction and any devices containing any
explosive or flammable compound, or any tablets or other
devices containing any explosive substance; except that the
term "pyrotechnics" shall not include auto flares, paper caps
containing not in excess of an average of twenty-five one
hundredths (0.25) of a grain of explosive content per paper
cap manufactured in accordance with the Interstate Commerce
Commission regulations for packing and shipping as provided
therein and toy pistols, toy canes, toy guns or other devices
for use of such caps the sale and use of which shall be
permitted.
(b) No person, firm or corporation shall hereafter fire
or explode, or keep, store, manufacture or sell any
pyrotechnics in the corporate limits of the City of Wichita
Falls, Texas, to be used, fired or exploded in said city.
(c) No person, firm or corporation shall hereafter have
in his, their or its possession in the corporate limits of the
City of Wichita Falls any pyrotechnics for the purpose of
using, firing or exploding same in the corporate limits of
said city, and any pyrotechnics so found in the possession of
any person, firm or corporation shall be condemned, seized,
and confiscated by the police department of the City of
Wichita Falls or the fire marshal, or one of his assistants.
Any commercial pyrotechnics dealer, or operator, jobber,
retailer, importer, or manufacturer, transporting Class C
fireworks within the city limits of the City of Wichita Falls,
and extending for a distance outside of the city limits for a
total of five thousand (5,000) feet, must display on each
vehicle the word "fireworks. " This may be permanently
attached to the vehicle or on a sign. The word "fireworks"
must be at least six (6) inches in height, and be visible on
both sides and the rear of the vehicle.
(d) Provided that this section shall not apply to the
possession or use of signaling devices for current daily
consumption by railroads, police department and fire
department and others required to use them by law, nor to the
possession, sale or use of normal stock of flash light
compositions by photographers or dealers in photographic
supplies nor for signal or ceremonial purposes, nor athletic
or sports events nor for the use by military organizations.
(e) Provided that the state fire marshal may issue a
written permit to a properly qualified person, firm or
corporation for giving a pyrotechnic display in accordance
with Section 417. 0041 of the Government Code. It shall be the
duty of the city fire marshal to make an investigation as to
whether such a display as proposed shall be of such a
character and so located that it may be hazardous to property
or dangerous to any person, and he shall so advise the state
fire marshal of his findings. All pyrotechnic displays must
be permitted by the city fire marshal's office. A fee of One
Hundred ($100.00) Dollars will be assessed for the permit.
All displays will be supervised by the fire marshal or one of
his assistants.
(f) No person, firm or corporation shall have, keep,
store, manufacture or sell any pyrotechnics within the area
immediately adjacent and contiguous to the city limits of the
it
r ,
City of Wichita Falls, and extending for a distance outside of
the city limits for a total of fifty (50) feet, and it shall
be unlawful to do or perform any act in violation of this
section within such area of fifty (50) feet outside the city
limits of Wichita Falls, provided that this section shall not
apply within any portion of such fifty (50) foot area which is
contained within the territory of any other municipal
corporation.
(g) No person, firm, or corporation shall use, fire,
explode or cause to be used, fired or exploded any
pyrotechnics within the area immediately adjacent and
contiguous to the city limits of the City of Wichita Falls and
extending for a distance outside the city limits for a total
of fifty (50) feet, and it shall be unlawful to do or perform
any act in violation of this section within such area of fifty
(50) feet outside the city limits of Wichita Falls, provided
that this section shall not apply within any portion of such
fifty (50) feet area which is contained within the territory
of any other municipal corporation.
(h) No person, firm or corporation shall have, keep,
store, manufacture or sell any pyrotechnics within an area
extending for a distance outside of the city limits from a
distance of fifty (50) feet to a distance of five thousand
(5, 000) feet from the city limits unless such person, firm or
corporation shall have obtained a permit from the city fire
marshal's office of the City of Wichita Falls. The
application for such permit shall contain the specific
location of the building used to keep, store, manufacture or
sell the pyrotechnics and must also contain a blueprint or
diagram showing the construction of said building. The
construction of the building must comply with the rules and
regulations of the city fire marshal's office. A permit fee
of Fifty ($50.00) Dollars per retail location will be
assessed.
(i) All persons, firms, or corporations manufacturing or
selling pyrotechnics within an area extending for a distance
outside of the city limits from a distance of fifty (50) feet
to a distance of five thousand (5, 000) feet from the city
limits shall close their doors and place of business each
night from 11: 55 p.m. until 6: 00 a.m. the following morning
and shall not sell or manufacture any pyrotechnics during this
time period.
(j) The provisions of this article shall be applicable
within the corporate limits of the City of Wichita Falls, and
also within the area immediately adjacent and contiguous to
the city limits and extending outside the city limits for a
distance of five thousand (5, 000) feet.
(k) The presence of any fireworks within the territorial
jurisdiction of the City in violation of this article is
hereby declared to be a common and public nuisance. The fire
marshal or one of his assistants shall seize any fireworks
found within such territorial jurisdiction in violation of
this article.
(1) Any person, firm or corporation violating any
provisions of this article shall upon conviction be fined not
less than Two Hundred Fifty ($250. 00) Dollars, nor to exceed
Two Thousand ($2, 000.00) Dollars.
(m) Should any section, paragraph, clause or phrase
hereof be declared to be void or unconstitutional, such
holdings shall not affect the other valid provisions of this
section, and same shall remain in full force and effect. "
SECTION 2 . It is hereby officially found and determined
that the meeting at which this ordinance was passed was open
to the public as required by law.
SECTION 3 . This ordinance shall take effect immediately
from and after its passage and publication in accordance with
the provisions of the Charter of the City of Wichita Falls,
and it is accordingly so ordained.
SECTION 4. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
PASSED AND APPROVED this the 21st day of September, 1993 .
A ampw-O
ATTEST:
I1 (LW nw.)
City Clerk
Ad 539674
Affidavit of Publication
ORDINANCE NO.113-93
AN ORDINANCE OF THE CITY THE STATE OF TEXAS .
OF COUNCIL OF THE CITY OF
WICHITA FALLS AMENDING
CHAPTER 15, ARTICLE I OF COUNTY OF WICHITA
THE CODE OF ORDINANCES
TO REGULATE THE SALE,
USE, STORAGE AND MANU- ere)
FACTURING OF FIRE- 20th October
WORKS; FINDING AND DE- On this day of
TERMINING THAT THE
MEETING AT WHICH THIS
ORDINANCE WAS PASSED 9 9 3
1
WAS OPEN TO THE PUBLIC A.D. 1 7 7 personally appeared before me, the undersigned authority
AS REQUIRED BY LAW;
PROVIDING FOR PUBLI-( Karen Cobb bookkeeper
CATION;PROVIDING FOR AN I
EFFECTIVE DATE;AND RE-
PEALING ALL ORDINANCES for the Times Publishin g Company of Wichita Falls, publishers of the Wichita Falls
IN CONFLICT HEREWITH p an y
ORDINANCE 114-93
ORDINANCE APPROPRIAT- Times/Record News, a newspaper published at Wichita Falls in Wichita County,
ING FUNDS RECEIVED FROM
THE FEDERAL AVIATION AD Texas, and upon being duly sworn by me, on oath states that the attached
MINISTRATION.
ORDINANCE NO.115-93 ? advertisement is a true and correct copy of advertising published
ORDINANCE WAIVING SEC-,
TION 27-29 OF THE CODE OF in 1 (o n e ) issues thereof on the following dates:
ORDINANCES WITH RE-I c2,,-1 v g
SPECT TO PLACING A SIDE-. t---"'
WALK ALONG THE WEST I
LINE OF LOT I, BLOCK 16, � October 20 , 1993
KEMP AND NEWBY SUB-
DIVISION ADJACENT TO THE ,
EAST SIDE OF MCKINNEY '',
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ORDINANCE NO.116-93 iA „e;,%�rl.,':.1, .i%
ORDINANCE T1 r- *� x`' ' '' ~TON 229OFHE CODE OF ( ` ' -
Bookkeeper for Times Publishing Company
ORDINANCES WITH RE- '01'i D>'a' >,
SPECT TO PLACING A SIDE- -....f. .,..•.•;''
WALK ALONG THE EAST
[,P...-K.-x._k.: of Wichita Falls
LINE OF LOT 2, BLOCK 32, -yay,�vy=:�-..,..-e.'`
MESA IRRIGATED FARMS
ADJACENT TO THE WEST ZEAL) Subscribed and sworn to before me this the day and year first above written:
SIDE OF D PARKHILLS ROAD
ORDINANCE OF NE.117-93 €74..04A,-..k.0_
ORDINANCE WAIVING SEC- ��
TION 32-139 OF THE CODE OF �'
ORDINANCES WITH RE-
SPECT TO DETENTION RE-
QUIREMENTS FOR LOT 2, - - - - - -- ---- - - -
BLuLK:u,MESA-IRRIGATED !.
FARMS ` • I ORDINANCE NO.122-93
ORDINANCE-016;II8-93 ORDINANCE WAIVING SEC-
ORDINAN aN.MYING AP- TION 27-29 OF THE CODE OF
PENDIX A 9tI:BDIVISIONS I ORDINANCES WITH RE-
SECTION9(8).(2)•(V(.):OFTHE SPECT TO PLACING A SIDE-
CODE OF ORt7IN/,!INOES WITH WALK ALONG THE EAST
RESPECT TO PLAe NG CURB LINE OF LOT 3, BLOCK I,
AND GUTTER ON THE WEST MESA IRRIAGTED FAMRS
SIDE OF PARKHILLS ROAD, ADJACENT TO THE WEST
ADJACENT TO -THE EAST , SIDE OF PARKHILIS ROAD
LINE OF LOT 3, BLOCK 1, 1 ORDINANCE NO.123-93'
MESA IRRIGATED FARMS I ORDINANCE WAIVING SEC-
ORDINANCE NO.119-93 TION 27-29 OF THE CODE OF
ORDINANCE WAIVING AP- 1 ORDINANCES WITH RE-
PENDIX A, SUBDIVISION ; SPECT TO PLACING A SIDE-
SECTION 9(B)(2)(a)OF THE WALK ALONG THE EAST
CODE OF ORDINANCES WITH I LINE OF LOT 1, WEST
RESPECT TO PLACING CURB I FRERICH SUBDIVISION
AND GUTTER ON THE EAST ORDINANCE NO.124-93
SIDE OF MCKINNEY ROAD, I ORDINANCE WAIVING AP-
ADJACENT TO THE WEST j PENDIX A, SUBDIVISION
LINE OF LOT 1, BLOCK 16, I ' SECTION 9(B)(2)(a)OF THE
I DIVISION KEMP AND NEWSY SUB, I CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
ORDINANCE NO.120-93 AND GUTTER ON THE WEST
ORDINANCE WAIVING SEC- ; SIDE OF CLYDE MORGAN
TION 32-139 OF THE CODE OF ! ROAD, ADJACENT TO THE
ORDINANCES WITH RE- EAST LINE OF LOT 1, WEST
SPECT TO DETENTION RE- i ' FRERICH SUBDIVISION
QUIREMENTS FOR LOT 3, —
BLOCK 1, MESA IRRIGATED
FARMS
ORDINANCE NO.121-93
IORDINANCES WAIVING AP-
PENDIX A, SUBDIVISION
SECTION 9(B)(2)(a)OF THE
CODE OF ORDINANCES WITH
RESPECT TO PLACING CURB
AND GUTTER ON THE WEST
SIDE OF PARKHILLS ROAD,
ADJACENT TO THE EAST
LINE OF LOT 2, BLOCK 32,
MESA IRRIGATED FARMS
ORDINANCE NO.122-93
ORDINANCE WAIVING SEC-
TION 27-29 OF THE CODE OF
ORDINANCES WITH RE-
SPECT TO PLACING A SIDE-
WALK ALONG THE EAST
LINE OF LOT 3, BLOCK I,