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§ 92.21 EQUIPMENT.
   (A)   The Fire Department may be equipped with such apparatus and other equipment as may be require to maintain its efficiency and properly protect life and property from fire. Such equipment and apparatus are the property of the city, and the city will be responsible for the purchase and maintenance costs of said equipment and apparatus.
   (B)   All equipment shall be safely and conveniently housed in the fire station. The equipment and apparatus are not to be housed at any location other than the fire station.
   (C)   No person shall use any fire equipment or apparatus for any private purpose, nor shall any person willfully take away or conceal any article used in any way by the Fire Department without the consent of the Fire Chief and City Council.
(Ord. 2009-01, passed 5-20-2009) Penalty, see § 92.99
§ 92.22 LIABILITY.
   Neither the city, the Mayor and City Council, the Fire Chief nor the individual firefighters shall in any way be held responsible for damages occasioned to persons or property during attempts to extinguish fires or for the destruction thereof or for damage done to any person, animal or vehicle coming into collision with the fire-extinguishing apparatus or the vehicles driven by members of the Fire Department when proceeding to the place of a fire.
(Ord. 2009-01, passed 5-20-2009)
FIREWORKS
§ 92.35 DEFINITIONS.
   As used in this subchapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
   ACCESSORY BUILDING. A subordinate building, the use of which is incidental to that of the principle building on the same lot, tract or property.
   BUILDING. A temporary structure, having a roof, and used or built for the enclosure or shelter of persons, animals, vehicles, goods, merchandise, equipment, materials, or property of any kind.
   BUILDING LINE; SETBACK LINE. A line established, in general parallel to the front street line. No building or structure may be permitted in the area between the building line and the street right-of-way.
   CITY. The City of Tool.
   COMMON FIREWORKS. Any fireworks designed primarily to produce visual or audible effects by combustion; this term is to include:
      (1)   Ground and hand-held sparkling devices, including items commonly known as dipped sticks, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, and flitter sparklers;
      (2)   Smoke device;
      (3)   Fireworks commonly known as helicopters, aerials, spinners, roman candles, mines and shells;
      (4)   Class C explosives classified as common fireworks by the United States Department of Transportation, by regulations found in the code of Federal Regulations (49 CFR 173.108).   
   DANGEROUS FIREWORKS. Any fireworks not defined as a common firework.
   DISTRIBUTOR. A person or entity that sells fireworks to jobbers, retailers, or other distributors for resale to others.
   EASEMENT. A right given by the owner of a parcel of land to another person, public agency or private corporation for specific and limited use of that lot, parcel or property.
   FIRE PREVENTION OFFICER. The chief of a fire department, a fire marshal, the county fire marshal, the sheriff, a constable, or any other local enforcement officer primarily responsible for the prevention of fire or, if there is no local fire authority, the state fire marshal.
   FIREWORKS. Any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration, or detonation, and that is defined as " special fireworks" by 49 C.F.R. Section 173.88(d) (1983) or as " common fireworks" by 49 C.F.R. Section 173.100 (r) (1983).
   FRONT YARD. A yard extending across the front of a lot between the side lot, tract or property lines and being the minimum horizontal distance between the front lot line and the principal building.
   ILLEGAL FIREWORKS. A fireworks device manufactured, distributed, or sold in violation of this section.
   IMPORTER. A person who imports fireworks from a foreign country or from another state for sale to distributors or jobbers in this state.
   INSURANCE AGENT.
      (1)   A person, firm, or corporation licensed under Article 21.14 or 1.14-2 of the Texas Insurance Code and as referenced under Article 5.43-4 of the Texas Insurance Code;
      (2)   A salaried, state, or special agent; and
      (3)   A person authorized to represent an insurance fund or pool created by a City, county, or other political subdivision of the state under The Interlocal Cooperation Act (Article 4413(32c), Vernon's Texas Civil Statutes).
   JOBBER. A person who purchases fireworks for resale to retailers only.
   LOT AREA. The total horizontal area included within lot or property lines.
   MANUFACTURER. A person, firm, corporation, or association that engages in the making of fireworks.
   PERSON. An individual or entity, including an owner, manager, officer, employee, occupant.
   PUBLIC DISPLAY. The igniting of Class B fireworks for public amusement.
   PYROTECHNIC OPERATOR. An individual who, by experience, training, and passing any required examination, has demonstrated the necessary skill and ability for safely assembling, discharging, and supervising public displays of Class B fireworks.
   REAR YARD. A yard extending across the rear of a lot between the side lot, tract or property lines and being the minimum horizontal distance between the rear lot line and the principal building. On both corner and interior lots the rear yard shall in all cases be at the opposite and of the front yard.
   RETAILER. A person who purchases fireworks for resale to the general public only.
   SALE. The sale or offering for sale any merchandise, equipment, or service, at wholesale or retail, to the public or to any person, for an agreed sum of money or other consideration.
   SIDE STREET YARD. A yard adjacent to a street between the front and the rear lot, tract or property line and being the minimum horizontal distance from the side lot line to the principal building.
   SIDE YARD. A yard extending from the front yard to the rear yard and being the minimum horizontal distance from the side lot, tract or property line to the principle building.
   SPECIAL FIREWORKS. A large fireworks device designed primarily to produce visible or audible effects by combustion, deflagration, or detonation and that is classified as Class B explosives by the United States of America.
   YARD. The open space existing on the same lot with a principle building, unoccupied and unobstructed by building from the ground upward, between the lot line and the building line.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017)
§ 92.36 SALE OR USE OF FIREWORKS UNLAWFUL.
   (A)   It is unlawful for any person to sell any fireworks within the city, other than those fireworks designated as "Common Fireworks" in § 92.35, without acquiring a permit, for each retail location, from the city. It is unlawful for any person to discharge or use any fireworks within the city, provided that this prohibition shall not apply to duly authorized public displays.
   (B)   A seller or retailer of fireworks shall apply for a nonrefundable sellers permit to the city provided that the sale of fireworks will be conducted from a temporary fireworks sale stand in accordance with § 92.44.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017) Penalty, see § 92.99
§ 92.37 NOT COMMON FIREWORKS.
   The following are not common fireworks:
   (A)   (1)   Sky rockets, also known as "bottle rockets."
         (a)   With a total propellant charge of less than four grams;
         (b)   With a casing size of less than five-eighths of an inch of the outside diameter and less than three-and-a-half inches in length;
         (c)   With an overall length, including stick, of less than 15 inches.
      (2)   Other fireworks determined not acceptable by the United Stated Consumer Product Safety Commission.
   (B)   The term "bottle rocket" may not be used in association with the advertisement of sale of fireworks.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017)
§ 92.38 PERMIT REQUIRED TO SELL OR DISPLAY FIREWORKS.
   It is unlawful for any person to engage in the retail sale of, or to sell any fireworks, or to hold, conduct, or engage in a public display of fireworks within the city without first having obtained a valid, nonrefundable permit issued pursuant to the provisions of this subchapter.
(Ord. 2017-01, passed 5-18-17; Ord. 2017-01-A1, passed 7-20-2017) Penalty, see § 92.99
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