(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. All fireworks as defined in Tex. Occupation Code, § 215.001, including all amendments, revisions, or codifications thereto or successor statutes thereto, whether classified as “Class B Fireworks,” “Special Fireworks,” “Class C Fireworks,” “Common Fireworks,” or “Fireworks.”
(B) Fireworks generally prohibited. Except as specifically permitted herein, it shall be unlawful for a person, corporation, or other entity to manufacture, possess, use, discharge, sell, offer for sale, give away, or transport any fireworks within the Town of Lakeside. It shall be unlawful for any person having custody of or control over any person under the age of 18 years to knowingly allow the minor child to possess, use, or discharge fireworks within the Town of Lakeside.
(C) Regulation of transportation. It shall be unlawful for any person, corporation, or other entity to transport fireworks through the Town of Lakeside unless the fireworks are properly and plainly identified as conforming to the standards of the United States Consumer Product Safety Commission and as United States Department of Transportation common fireworks. The identification must be imprinted on all cases, parcels, boxes, or other containers and must be sufficiently conspicuous to be readily recognized by law enforcement personnel and the general public.
(D) Discharge of fireworks by licensed persons; regulation.
(1) A person, corporation, or other entity may possess and discharge Class B fireworks in the Town of Lakeside, but only under the conditions, and at the times, specified hereinafter; otherwise, use and discharge of same are prohibited.
(2) A person, corporation, or other entity that wishes to conduct a public display of fireworks in the Town of Lakeside must submit to the Town Secretary, as least five days in advance of the public display, the following:
(a) Proof of a current pyrotechnic operator’s license as issued by the agency of the State of Texas then examining the qualifications of the operator;
(b) Proof of the issuance of a public display license or permit identifying the place and date of the display in the Town of Lakeside as issued by the agency of the State of Texas then examining and evaluating all requests for public display licenses or permits, including all restrictions and conditions imposed on the display; and
(c) Evidence and proof of the existence of a general policy of liability insurance in an amount of at least $300,000 (or more if required by the state agency issuing the license or permit), conditioned to pay those sums the operator may become obligated to pay as damages for property damage or bodily injury caused by an occurrence involving the public firework display.
(3) When satisfactory proof of the licenses or permit and the existence of insurance has been given, the Town Secretary shall maintain a copy of all the documentation, and issue a receipt acknowledging compliance with these regulations. The receipt shall be posted at the site of the public firework display along with copies of the licenses or permits.
(E) Effective date. The provisions of this section pertaining to an authorized public display of fireworks shall be effective from and after the date of its passage. All other provisions and penalties of this section shall be effective from and after publication as required by law.
(Ord. 161, passed 10-13-1993) Penalty, see § 130.99