§ 92.02  MANUFACTURE, DISCHARGE, USE, SALE, STORAGE, TRANSPORT, AND POSSESSION.
   (A)   Manufacture, discharge, and use prohibited. The manufacture, discharge, or use of fireworks is hereby declared a nuisance and is prohibited within the city limits, unless otherwise provided by this chapter. The owner, lessee or occupant of the property, building or structure where these fireworks are being manufactured, discharged or used shall be deemed responsible for violation of this section.
   (B)   Sale, storage, transportation and possession prohibited. The sale, storage, transportation and possession of fireworks within the city limits is prohibited, unless otherwise provided by this chapter. The owner, lessee or occupant of the property, building or structure where these fireworks are being stored shall be deemed responsible for violation of this section.
   (C)   No person shall aid or assist a minor in any manner in the commission of a violation of this chapter. The commission of a violation of this chapter by a minor on property under the control or ownership of a person, with the knowledge of such person, shall be prima facie proof of such person aiding such minor to violate this chapter. The commission of the offense by the minor on the property under the control or owned by the parent or guardian shall be prima facie proof that the relation or guardian was instigating or aiding the minor in violation of this chapter.
   (D)   Exceptions. Discharge of fireworks used for show is excepted from the provisions of this chapter if approved by the Director of Public Safety, or his or her designee, and a permit issued by the Department of Public Safety in accordance with § 92.04, Public Displays. This chapter shall not apply to the possession, sale or use of normal stocks of flashlight compositions by photographers or dealers in photographic supplies; novelty fireworks such as sparklers, paper caps containing not in excess of an average of 0.25 grams of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale of which shall be permitted at all times, nor to the possession or use of flares or rockets for military, police or emergency purposes by others.
   (E)   Permitted transport. It shall be lawful to transport ICC Class C common fireworks as defined in the Texas Occupations Code, Ch. 2154, by motor vehicles which meet the Interstate Commerce Commission requirements for transporting ICC Class C common fireworks and are equipped with at least one ten-pound fire extinguisher as defined by the National Fire Protection Association in and along FM550, FM 740, and FM 549 as these roads traverse the city limits. Vehicles used for transportation of fireworks shall contain signs on both sides of the vehicle that say "Fireworks" with red letters of at least six inches in height and a width of at least three-quarter inch on a white background.
   (F)   Seizure and destruction of fireworks. The Director of Public Safety, or his or her designee, is authorized and directed to seize and cause to be safely destroyed any fireworks found in violation of this chapter.
(Ord. 050602C, passed - -2005; Ord. 191022A, passed 10-22-2019)  Penalty, see § 92.05