(A) Fireworks prohibited.
(1) It shall be unlawful to possess, keep, store, manufacture, assemble, sell, handle, transport, receive, or purchase or offer for sale, use or discharge any fireworks of any description within the limits of the city.
(2) It shall be unlawful for the parent, guardian, or custodian of a child or ward in their care to permit the child or ward to violate the provisions of this section within the limits of the city.
(B) Affirmative defense. It shall be an affirmative defense to the provisions of this section that the possession, sale, or use was for signaling devices for current daily consumption by railroads, or other transportation businesses requiring them; or that the possession, sale, or use was for normal stocks of flashlight compositions by photographers, or dealers in photograph supplies; or that the possession, sale or use was for signal flares or rockets for military, police, fire or emergency medical services, marine or aircraft related emergencies.
(C) Applicability. The provisions of this section shall not apply to the possession of firearm ammunition and components by licensed firearms and ammunitions dealers or the possession by an individual of ammunition or gun powder and the related components of ammunition for the purpose of the personal manufacture of firearms ammunition or reloading by the individual.
(D) Fireworks displays and shows. It is provided that the possession, sale, or use for supervised public displays of fireworks or shows by organizations or groups of individuals may be conducted, provided that a permit for such fireworks display has theretofore been obtained from the city of Whitesboro with the authorization of the Fire Marshal. The Fire Marshal shall have the power to adopt reasonable rules and regulations for the granting of such permits to include but not be limited to the following:
(1) Application for permits shall be made in writing at least 15 days in advance of the date of display. After such privilege shall have been granted, the sale, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(2) The permittee shall furnish proof of a liability insurance policy in coverage amounts of $100,000 per person, $300,000 per incident, and $100,000 property damage conditioned for payment of damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his or her agents, employees or subcontractors.
(E) Authority. Authority to enforce this section shall be vested in the Chief of Police or his or her assigns.
(Ord. 798, passed 8-18-97)
(F) Permit fee. The permit fee for fireworks displays and shows shall be as provided for in § 7.00 of the Fee Schedule, set forth in Appendix 1 of this code.
Penalty, see § 10.99
Statutory reference:
Authority to regulate fireworks, see Tex. Local Gov’t Code §§ 217.003 and 342.003(a)(8)