O151OFFICIAL CITY
SECRETARY'S COPY
ORDINANCE NO. ~S~
AN ORDINANCE ADDING ARTICLE IV TO CHAPTER 15 OF THE
KENNEDALE CITY CODE TO DECLARE FIREWORKS TO BE A
NUISANCE; PROHIBITING THE SALE, STORAGE, USE, ETC. OF
FIREWORKS IN THE CITY'S CORPORATE LIMITS AND WITHIN 5,000
FEET THEREOF WITHOUT A PERMIT; PROHIBITING AN ADULT FROM
AIDING A MINOR IN COMMITTING AN OFFENSE PURSUANT TO THIS
ORDINANCE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code;
WHEREAS, the City has determined that fireworks are a public safety hazard and
a nuisance per se; and
WHEREAS, the Citydesiresto prohibitthis nuisancewithin the city's corporate limits
and within 5,000 feet thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS:
SECTION 1.
AMENDMENT
Chapter 15 of the Kennedale City Code is hereby amended by adding a new Article
IV, "FIREWORKS," to read as follows:
ARTICLE IV. FIREWORKS
Sec. 15-100. Definitions.
(a) Firework means any combustible or explosive composition, or any substance,
combination of substances, or device prepared for the purpose of producing a visible or
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audible effect by combustion, explosion, deflagration, or detonation. Fireworks include
blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are
used; firecrackers, torpedoes, sky-rockets, Roman candles, sparklers, or other devices of
like construction; any devices containing an explosive or flammable compound; and any
tablet or other device containing an explosive substance.
(b) Firework shall not include signaling devices for current daily use by railroads,
vessels, and others requiring them; flashlight compositions used by photographers or
dealers in photographic supplies; flares or rockets used for military or police purposes; auto
flares; paper caps containing not more than an average of twenty-five one hundredths
(25/100) of a grain of explosive content per cap or less; toy pistols, canes, guns, or other
devices that use such paper caps; or model rockets.
Sec. 15-101. Fireworks Nuisance Per Se.
The presence of any fireworks, within the City's corporate limits or within five
thousand (5,000) feet outside the city limits unless such area is within the corporate limits
of another municipality, in violation of this Article is declared to be a nuisance.
Sec. 15-102. Possession, Use, Manufacture, etc.
It shall be an offense for any person to keep, store, use, manufacture, assemble,
sell, handle, receive, offer for sale, or possess any fireworks of any description within the
City's corporate limits orwithin fivethousand (5,000) feet outside the city limits unless such
area is within the corporate limits of another municipality; however, a trucking or shipping
company may pass through the City to transport fireworks as long as the fireworks are not
unloaded, stored, used, assembled, sold, handled, or offered for sale at any location within
the City.
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Sec. 15-103. Seizure of Fireworks.
In addition to any other penalties authorized by this Article and by law, the Fire
Marshal or designee shall seize and safely destroy, or cause to be seized and safely
destroyed, all fireworks in violation of this Article at the expense of the person possessing
the fireworks.
Sec. 15-104. Exceptions.
(a) It shall not be an offense under this Article for the City to provide a public
display of fireworks.
(b) It shall not be an offense under this Article for any adult individual, firm,
partnership, corporation, or association to provide a supervised public display of fireworks
if they have obtained a state permit pursuant to Article 5.43-4 of the Texas Revised Civil
Statutes (the Insurance Code) and complied with all other applicable federal, state, and
local laws and regulations.
Sec. 15-105. Aiding Minors to Violate Article an Offense.
It shall be an offense for a parent or guardian of a minor younger than eighteen (18)
years of age to furnish money to a minor for the purchase of fireworks within the City's
corporate limits or within five thousand (5,000) feet outside the city limits unless such area
is within the corporate limits of another municipality, or to encourage, act in conjunction
with, or in any manner instigate or aid a minor in keeping, storing, using, manufacturing,
assembling, selling, handling, receiving, offering for sale, or possessing fireworks within
the City's corporate limits or within five thousand (5,000) feet outside the city limits unless
such area is within the corporate limits of another municipality. The minor's commission
of the offense on property under the control of or owned by the parent or guardian shall be
prima facie evidence that the parent or guardian violated this section.
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SECTION 2.
CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the
Kennedale City Code, except when the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event the conflicting
provisions of such ordinances and such Code are hereby repealed. Specifically, Section
12-3, subsections (a) and (b), of the Kennedale City Code are hereby repealed.
SECTION 3.
SEVERABLE
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 phrase,
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 phrases, 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.
SAVINGS
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the Kennedale City Code or any other ordinances which
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.
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SECTION 5.
PENALTY
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
PUBLICATION
The City Secretary of the City of Kennedale is hereby directed to publish the
caption, penalty clause, publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days, or one issue
of the newspaper if the official newspaper is a weekly newspaper, as authorized by Section
52.011 of the Local Government Code.
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SECTION 7.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and
publication and it is so ordained.
PASSED AND APPROVED ON THIS ~ DAY OF ~ ~ , 1998.
~~
MAYOR
ATTEST:
CITY SECR ARY
EFFECTIVE: ~S -~ ~~
APPROVED AS TO FORM AND LEGALITY:
WIc9k ~
CITY ATTORNEY
FIREWORKS ORDINANCE
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