(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Include any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells or gerbs and shall include all articles or substances within the commonly accepted meaning of fireworks whether herein specifically designated or defined or not.
PERSON. Include any natural person, association of persons, partnerships, corporations, agent or officer of corporation.
(B) Fireworks prohibited. It shall be unlawful for any person to sell, offer or have in his or her possession with intent to sell, use, discharge or cause to be discharged, any fireworks of any description.
(C) Exceptions; supervised displays; permit required. Permits for the public or private display of fireworks may be issued by the Fire Chief, provided, a person desiring to display any fireworks shall apply in writing to the City Manager for a permit that shall set forth:
(1) The name of the organization sponsoring the display together with the names of persons actually in charge of the firing of the display;
(2) The date and time of day at which the display is to be held;
(3) The exact location planned for the display;
(4) A description setting forth the age and experience in the display of fireworks, of the persons who are to do the actual discharging of the fireworks;
(5) The number and kinds of fireworks to be discharged;
(6) The manner and place of storage of the fireworks prior to the display;
(7) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all buildings, highways, telegraph, telephone or other overhead obstructions and trees located within 200 yards from the point at which the audience will be restrained. The permit shall not be granted unless the display shall be of such a character and so located, discharged or fired as in the opinion of the Fire Chief, after proper study of the application and proper inspection of the proposed premises, shall not be hazardous to property or endangering to any person; and
(8) This section shall not apply to signal flares and torpedoes of the type and kind commonly used by the railroad.
(D) Fireworks a public nuisance. The presence of any fireworks within the jurisdiction of the City of Pleasanton in violation of this section is hereby declared to be a common and public nuisance. The Fire Marshal or any member of the Police Department of the City of Pleasanton is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of the fireworks.
(E) Penalties.
(1) Any person who shall keep, sell, offer for sale or have in his or her possession with intent to sell any fireworks shall be deemed guilty of a misdemeanor and punished as per the provisions of this code.
(2) Also, any person who shall use, discharge, cause to be discharged, or otherwise set in action any fireworks; or any parent or guardian of any minor child below the age of 14 who permits or allows that minor child to use, discharge, fire or otherwise set in action any fireworks shall be subject to the penalty provisions of this code.
(F) Territorial applicability.
(1) This section shall be applicable and in force throughout the territory of the City of Pleasanton within its corporate limits.
(2) This section shall also be applicable and in force within the area immediately adjacent and contiguous to the city limits of the City of Pleasanton and extending for a distance outside the city limits for a total of 5,000 feet, and it shall be unlawful to do or perform any action in violation of this section within that area of 5,000 feet outside the city limits.
(1989 Code, Ch. 5, § 2) Penalty, see § 10.99
Statutory reference:
Tex. Insurance Code, Art. 5.43-1 et seq.