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For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORK. Includes any combustible or explosive 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 detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term FIREWORKS shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper and/or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper and/or plastic caps are used and toy paper and/or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times. Each package containing toy paper and/or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.
(Ord. 81-103, passed 11-2-1981)
No person, firm, copartnership or corporation shall offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, or use or explode any fireworks within the city limits.
(Ord. 81-103, passed 11-2-1981) Penalty, see § 92.99
BURN BAN
This subchapter provides restrictions during specific drought-related conditions on the lawful burning outdoors in order to protect public health, safety and welfare and to preserve public and private property. This ordinance provides for a City burn ban (as defined herein) inside the city limits and extraterritorial jurisdiction of the city to coincide with a county burn ban that has been effectuated by Cooke County for the same duration and scope of activities and at other times when the City deems it appropriate.
(Ord. 0818-3, passed 8-13-2018)
By and through the enactment of this subchapter, the City Council recognizes and acknowledges any prohibition on outdoor burning effectuated by Cooke County, Texas. For purposes of this subchapter, the phrase county burn ban includes a local disaster declaration or resolution promulgated by the Cooke County Judge or effectuated by the Cooke County Commissioners Court, including (but not limited to) actions in the form of an order or proclamation, that limits or prohibits outdoor burning.
(Ord. 0818-3, passed 8-13-2018)
(A) There shall be throughout the city limits and extraterritorial jurisdiction of the city a prohibition on outdoor burning effectuated by the City Council, by and through this subchapter, to run concurrently with a county burn ban (a “city burn ban”). A City burn ban shall be in effect within the city limits and the extraterritorial jurisdiction of the city immediately upon the declaration of a county burn ban.
(B) The City Council is authorized to, as it deems appropriate and when it deems appropriate, issue a city burn ban within the city limits and extraterritorial jurisdiction of the city prohibiting outdoor burning to protect the public health, safety and welfare and to preserve public and private property.
(Ord. 0818-3, passed 8-13-2018)
(A) The Mayor is authorized to issue an emergency city burn ban to prohibit outdoor burning within the city limits and extraterritorial jurisdiction of the city as he or she deems appropriate to protect the public health, safety and welfare and to preserve public and private property. An emergency city burn ban issued by the Mayor shall be in effect immediately upon issuance and continue for a period of 14 days or until acted upon by the City Council.
(B) The City Council is authorized to take action to rescind or continue an emergency city burn ban issued by the Mayor as it deems appropriate. If action is not taken by the City Council on the emergency city burn ban, the emergency city burn ban expires 14 days after it is issued.
(Ord. 0818-3, passed 8-13-2018)
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