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Ord 65-2009 9/15/2009 ORDINANCE NO. 65-2009 Ordinance of the City Council of the City of Wichita Falls, Texas, Waiving The Application Of Article IV, Pyrotechnics, Of Chapter 50 Of The Wichita Falls City Code To The Daytime Use Of Propane Cannons And Pistol-Launched Pyrotechnics For Bird Control At The Harrison Apartments At 2100 Virginia Drive, Conditioned Upon The Owners Of Such Property Notifying All Property Owners Within 200 Feet Of The Boundary Of Said Property Of The Impending Use Of Said Noise-Making Devices, Declaring An Emergency, And Declaring An Effective Period Of This Ordinance From October 1, 2009 To December 31, 2009 WHEREAS, A�ticle IV , Pyrotechnics, of Chapter 50 of the �chita Falls City Code prohibits the use of a wide variety of pyrotechnic devices, and impliedly requires a state-licensed pyrotechnician for their use; and, WHEREAS, the Harrison Apartments at 2100 Virginia Drive desires to use propane cannons and pistol-launched pyrotechnics to persuade birds to leave its premises and thereby reduce its bird-nuisance problem; and, WHEREAS, the limited use of bird-harassment devices does not create the fire dangers are posed by normal civilian use of pyrotechnics; therefore, City Council finds that it is proper to allow the limited use of such devices to the extent nearby citizens are appropriately notified to avoid alarm. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The application of Article IV, Pyrotechnics, of Chapter 50 of the Wichita Falls City Code is waived to the daytime use of propane cannons and pistol-launched pyrotechnics for bird control at the Harrison Apartments at 2100 Virginia Drive, conditioned upon the owners of such property notifying all property owners within 200 feet of the boundary of said property of the impending use of said noise-making devices. 2. The immediate need to protect the residents of the Harrison Apartments, balanced against the needs of the citizens of Wichita Falls for peace and quiet creates an emergency, and in order to protect the public health, welfare and to preserve the peace, this ordinance shall take effect on the date designated below, conditioned upon the owners of the Harrison Apartments (or their representatives) first notifying all property owners within 200 feet of the boundary of said property of the impending use of said noise-making devices and providing copies of such notification letters (and proof of sending thereofl to the City's Fire Marshall. The effective period of this ordinance shall be from October 1, 2009 to December 31, 2009. PASSED AND APPROVED this the 15 day of September, 2009. MAYOR ATTEST: , 1 ity Clerk