Ord 2565 2/3/1970 •
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 15-1 OF ARTICLE 1
OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE
CITY OF WICHITA FALLS, TEXAS DEFINING THE WORD
" PYROTECHNICS" ; PROVIDING THAT NO PERSON, FIRM
OR CORPORATION SHALL FIRE OR EXPLODE, OR KEEP,
STORE, MANUFACTURE OR SELL ANY PYROTECHNICS IN
THE CITY OF WICHITA FALLS TO BE USED, FIRED, OR
EXPLODED IN SAID CITY; MAKING IT UNLAWFUL FOR ANY
PERSON, FIRM OR CORPORATION TO HAVE ANY PYROTECH-
NICS IN THE CITY OF WICHITA FALLS FOR THE PUR-
POSES OF USING, FIRING OR EXPLODING THE SAME;
PROVIDING THAT NO PERSON, FIRM OR CORPORATION
SHALL HAVE, KEEP, STORE, MANUFACTURE OR SELL
ANY PYROTECHNICS WITHIN 50 FEET OF THE CORPORATE
LIMITS OF THE CITY OF WICHITA FALLS; PROVIDING
THAT NO PERSON, FIRM OR CORPORATION SHALL USE,
FIRE, EXPLODE OR CAUSE TO BE USED, FIRED OR EX-
PLODED WITHIN 50 FEET OF THE CORPORATE LIMITS
OF THE CITY OF WICHITA FALLS ANY PYROTECHNICS;
PROVIDING FOR THE SEIZURE OF SUCH PYROTECHNICS;
SETTING FORTH CERTAIN EXCEPTIONS AND AUTHORIZING
THE ISSUANCE OF PERMITS UNDER CERTAIN CIRCUM-
STANCES BY THE STATE FIRE MARSHAL; PROVIDING FOR
CLOSING HOURS ; PROVIDING THAT ANY PART OF THIS
ORDINANCE IS DECLARED VOID SUCH HOLDING SHALL
NOT AFFECT THE VALID PROVISIONS THEREOF; PRO-
VIDING PENALTY AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. Section 15-1 of Article 1 of Chapter 15 of
the Code of Ordinances of the City of Wichita Falls, Texas is
hereby amended so that such section shall read as follows:
Section A. The word "pyrotechnics" as used in
this ordinance shall mean and include any combustible or explo-
sive 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 detona-
tion, and shall include roman candles; sky rockets; helicopter
type rockets; cylindrical fountains; cone fountains; wheels; il-
luminating torches and colored fire in any form; sparklers and
dip sticks ; mines; shells ; firecrackers ; salutes ; whistles with-
out report; squibs; a fire balloon; a hydrogen filled balloon;
signal lights; blank cartridges; toy pistols, toy cannons, toy
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canes or toy guns in which explosives are used; torpedoes; daygo
bombs; or other devices of like construction and any devices con-
taining 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 con-
taining 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.
Section 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.
Section 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
except all persons, firms or corporations transporting any pyro-
technics within the city limits of the City of Wichita Falls
adjacent and contiguous within the are a immediately adj y � g uous to 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 secure a permit from the Fire Marshal' s Office
of the Department of Public Safety of the City of Wichita Falls.
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Any person, firm or corporation transporting pyrotechnics under
the provisions of this section shall at their own expense and at
all times during the term of the permit must obtain and secure
for its and City' s protection public bodily injury liability in-
surance in the amount of $100, 000/$300,000 and property damage
insurance in the amount of $50, 000. A certificate of the above
required insurance evidencing the carrying of such insurance is-
sued by an insurance carrier authorized to transact business in
the State of Texas for the benefit of the person named therein
as assured, as evidence of ability to respond in damages in at
least such amount must be filed with and approved by the City
Fire Marshal. Any notice of cancellation of such insurance shall
be immediately furnished to the City Fire Marshal.
Section D. Provided that this ordinance shall
not apply to the possession or use of signaling devices for cur-
rent 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 composi-
tions 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.
Section 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 the provisions of Article 1725 of Vernon' s Annotated Penal
Statutes. 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
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the State Fire Marshal of his findings. All pyrotechnic displays
must be supervised by the City Fire Marshal or one of his fire
prevention assistants. A copy of all permits received from the
State Fire Marshal must be filed with the City Fire Marshal with-
in twenty-four (24) hours before such display is held.
Section 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 City of Wichita Falls, and extending for a distance out-
side 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
ordinance within such area of fifty (50) feet outside the city
limits of Wichita Falls, provided that this ordinance shall not
apply within any portion of such fifty (50) foot area which is
contained within the territory of any other municipal corporation.
Section 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 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 ordinance within such area of fifty (50)
feet outside the city limits of Wichita Falls, provided that
this ordinance shall not apply within any portion of such fifty
(50) foot area which is contained within the territory of any
other municipal corporation.
Section H. No person, firm or corporation shall
have, keep, store, manufacture or sell any pyrotechnics within
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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 Department of Public Safety of the City of Wichita Falls.
The application for such permit shall contain the specific loca-
tion of the building used to keep, store, manufacture or sell
the pyrotechnics and must also contain a blue print 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.
Section 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 busi-
ness 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.
Section J. 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 ordinance, and same shall remain in full force and effect.
Section K. Any person, firm or corporation vio-
lating any section of this ordinance shall upon conviction be
fined in any sum not to exceed two hundred dollars ($200 .00) .
SECTION 2 . The fact that the existing rules and regu-
lations governing pyrotechnics are inadequate and effective rules
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are needed for the preservation of the public health, safety and
welfare of the City of Wichita Falls and its citizens, creates
an emergency that requires that this ordinance become effective
immediately. II k/
PASSED AND APPROVED THIS the j,��' day of 7e, u_,-u� ,
1970. Q
MAYOR
ATTEST:
CITY CLERK
ter, ; ,
Affidavit of Publication
ORDNANCE NO.2565
AN ORDINANCE A AaVYENDING SECTION THE STATE OF TEXAS
15-1 OF ARTICLE 1 OF CHAPTER
15 OF THE COIDE OF ORDINANCES 1
OF THE CITY OF WICHITA FALLS, COUNTY OF WICHITA
TEXAS DEFINING THE W 0 R D
"PYROTECHNICS"; PROVIDIOGiRATION 1
NO PERSONS FIRM J
SHALL FIRE OR EXPLODE, OR KEEP,
STORE,MANUFACTURE OR SELL ANY this . day of . February
P WICHITA FALLS IN THE CITY OF
13th
WICHITA FALLS TO BE USE FIRED,
OR EXPLODED IN SAID CITY; MAK
ING IT UNLAWFUL FOR ANY PERSON, 1970
FIRM OR CORPORATION TO HAVE A.D.
FIR personally appeared before me, the undersigned authority
ANY PYROTECHNICS IN THE CITY
OF WICHITA FALLS FOR THE PUR-
POSES OF USING, FIRING OR EX-
PLODING PERSON FIRM OR IDCIN Katherine Parrish , bookkeeper
PORATION SHALL HAVE, KEEP,
STORE,MANUFACTURE OR SELL ANY
PYROTECHNICS WITH'IN 50 FEET OF for the Times Publishing Company of Wichita Falls, publishers of the
THE CORPORATE LIMITS OF
CITY OF WICHITA FALLS; PROVIDING
THAT NO PERSON, S Wichita Falls Record News
PORATION SHALL USE, FIRE,COR-
R EX-
, a newspaper published at Wichita Falls in
SE,
PLODE OR CAUSE TO BE USED,EXPLODED WITHIN FIRED OR Wichita County, Texas, and upon being duly sworn by me, on oath states
50
FEET OF TH'E CORPORATE LIMITS
AN THE CITY OF WICHITA FALLS
ANY PYROTECHNICS; PROVIDING that the attached,advertisement is a true and correct copy of advertising
FOR THE SEIZURE OF SUCH PYRO=
TECHNICS; SETTING FORTH CER-
TAIN EXCERPTIONS AND AUTHORIZ• published in_.._ ) issues thereof on the following
ING THE ISSUANCE OF PERMITS UN- h
DER CERTAIN CIRCUMSTANCES BY dates
THE STATE FIRE MARSHAL; PRO- dates:
VIDING FOR CLOSING HOURS, PRO- � � �' 1970
VIDING THAT ANY PART OF THIS
ORDINANCE IS DECLARED VOID SUCH •
HOLDING SHALL NOT AFFECT THE
VALID PROVISIONS THEREOF; PRO- �!^�` - /�JI
VIDING PENALTY AND DECLARING /77`x_
AN EMERGENCY. ."
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
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