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Home My WebLink AboutORD 70-13 - Unsigned Prohibiting Fireworks207 F V AN ORDINANCE PROxIIBITING FIRIE`rOldl S; DEFINING THE TEILM I' I1!b1XeCiRKS;PRO- VIDING CERTAIN EXCEPTIONS; DECLARING FITI,LMORKS TO BE A PUBLIC INTIUIS- ANTCE AND AUTHORIZING THEIR SEIZURE AND DESTRUCTION b(IJERE FOUND IN VIOLATION OF THIS ORDINANCE; ; , AU'I'HORIZI G THE PROSECUTION OF SUITS FOIL INJUCTIVF RELIEF IN AID OF THIS ORDINANCE; PROVIDING THAT THIS ORDIN- ANTCE SHALL BE APPLICABLE 'AND' IN FORCE 1'1ITHIN THE, CITY AND SHALL %ISO BE APPLICABLE, AND IN FORCE WITHIN THE Al LEA IIIAMEPIATELY AlUdAMNI T AND CONTIGUOUS TO THE CITY OF GLORGETOIIiN. AND EXTENDING FOR A DISTANCE OUTSIDE THE CITY LIXIITS FOIE. A TOTAL OF 51000 FEET, I{INCEPTING HOWEVER ANY PORTION OF SUCH AREA INCLUDED IN ANY OTHER INIL IIC.IPAL CORPORATION; PROVIDING TIViT IT SHALL NOT BE NLCESSAUY TO NEGATIVE EXCEPTIONS AND ^` PROSECUTIONS UNDER THIS ORDINANCE; PROVIDING A ILM)E1LING CLAUSE; s PROVIDING A SEVEILI:BILITY CLAUSE AND DECLARING AN EM-UGENI CY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGLT011NI: SECTION I. Definitions - The term "fireworks" as used in this ordinance shall clean and include any firecrackers,, cannon crackers, skyrockets, torpedoes, roman candles, sparklers, squibs, fire bal.lons, star shells, gerbs or any other substance in what- ever combination by any designated name intended for use in obtaining; visible or audible pyrotechnic display and shall include all articles or substances within the commonly accepted meaning of fireworks whether herein specially designated and defined` or not. The term "person" shall mean and include any natural person, association of ti a persons, partnerships, corporations, agent or officer of corporation, and also in - eludes s p p' P : p r eludes all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. SECTION II. Fireworks Prohibited. It shall be unlawful for any person to manufact- are, assemble, store, transport, receive, keep, sell, offer or have in his possession ,with intent to sell:, use, discharge, causes>to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. SECTION III. Exceptions. This ordinance shall not apply to signal flares and tor- pedoes of the type and Rind commonly used by any railroad and which signal flares and torpedoes are received by and stored or transported by any such railroad for use in :railroad operation/ SECTION IV. Fireworks a Public Nuisance. The presence of any fireworks within the jurisdiction of the City of Georgetown in violation ;of this ordinance is hereby declared to be a co!Taon and public nuisaaace. The fire ;Marshal is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this ordinance and any member of the Fire Prevention Division of the Fire Prevention Division of the Fire Department of the City of Georgetown or any police officer of the City of G,66rgetowi or any other duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being; transported illegally or to close any building where any fireworks are found stored illegally until the Fire Marshal can be notified in order that the said fireworks may be seized and destroyed in accordance with the tertats of this section. Notwithstanding any penal provision of this article, the City Attorney is authorized to file scut on behalf of the City of Georgetown or the Fire.'-,Uarshal or both for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the jurisdiction of the City and to aid the Fire Marshal in the dis- charge of his duties and to particularly prevent any person from interfering; with the seizure and destruction of such .fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure and destruction. The Fire Marshal or any member of the Fire Prevention Division of the City of Georgetown 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 such fireworks. SECTION V. Penalties. Any person who shall manufacture, assertible, store, transport, receive, keep, sell, offer for sale or have in his possession with intent to sell any fireworks shall be fined Two Ha red Dollars (�200.00) for each offense. If the fireworks be separately,,, wrapped or packaged, the doing or omitting to do any act prohibited by this ordinance shall be a separate offense as to each such separately wrapped or separately packaged fireworks. Each day that a violation of this ordinance shall continue with respect to any package of fireworks shall constitute a separate offense. .any person who shall use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks shall be fined not less than Twenty- five dollars (625.00) nor more than Two Hundred Dollars (�3200.00). Any parent or guardian of any minor chip below,,thei;age ofcfourteen (14 who permits or allows such 208 minor child to use, discharge, ignite, detonate, fire or otherwise set in act -,,'- ion any fireworks shall be fined not less than Tuenty-five Dollars (25.00) nor more than Two Hundred Dollars ($200.00). PECTION VI. Territorial Flicabil tY. (a) This ordinance shall be applicable and in force throughout the territory of the City of Georgetown within its corporate limits. (b) This ordinance shall also be applicable and in force within the area imm- ediately adjacent and contiguous to the City limits of the City of Georgetown and extending for a distance outside the city limits for a total of five than - sand (5,000) feet, and it shall be unlawful to do or perform any act in vio- lation of ' this ordinance within such area of five thousand (5,000) feet out- side the city limits; provided thatthis ordinance shall not apply within any portion of such 5,,000 feet area which is contained within the territory of any other municipal corporation. SECTION VII. Not Necessary to Negative Exceptions. In any prosecution for a violation of this ordinance, it shall not be neleessary for the prosecution to negative any provision or exception but the same may be raised by the defend- ant by way of defense. I SECTION VIII. Se erability Clause. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same4to any person or set of circumstances, if for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaiiii- ing portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Georgetown in adoptingthis ordinance, that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and to this end, all provisions of this ordinance are declared to be severable, SECTION IX. it is hereby provided that any person, organization or corporation may make application to the City of Georgetown for special permit to allow and authorize fireworks displays and accompany such application with a detailed description of such display giving the time, location, and other pertinent information as may be required. Such firework displays shall not be considered a violation of this ordinance. SECTION X. There exists a public emergency requiring that this ordinance be passed finally on the date of its introduction, and the Mayor having in writing declared the existence of such emergency and requested such passage, this or- dinance shall be passed finally on the date of its introduction, this 27th day of July, 1970, and shall take effect immediately upon its passage and approval by the Mayori Passed this, 27th day of Julyo A.D. 1910. Approved this 27th day of July, AiD. 1970. CLIUD EADS, CITY SECRETARY APPROVED AS TO F01,61: JOE B. MCN24STM1, CITY ATTOINEY JAY C. SLOAN, MAYOR, CITY OF GEORGETOWNT