ORD 2008-24 - Amend Code of Ordinances Title 21, Sale Or Use of Fireworks 06-17-2008ORDINANCE NO. 2008-24
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 21
"OFFENSES AND MISCELLANEOUS PROVISIONS," SECTION 21.01.09 "SALE OR
USE OF FIREWORKS PROHIBITED; EXCEPTIONS" TO THE CODE OF
ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, ESTABLISHING AN
EXCEPTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ORDINANCES OR RULES IN CONFLICT WITH THIS ORDINANCE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Huntsville has found the widespread and uncontrolled sale and
use of fireworks causes substantial harm to persons and property, and which harm poses a serious
threat to the health, safety and general welfare of the community; and
WHEREAS, the exception provided herein allows a use of fireworks in a manner which
defines reasonable controls and circumstances to alleviate risk of harm to health, safety and
welfare of citizens and protection of property,
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Section 21.01,09 "Sale or use of fireworks prohibited; exceptions" of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended to add at the end of the second
unnumbered paragraph as follows:
This section shall not apply to supervised public displays of fireworks
sponsored by the city or other political subdivision of the state or a bona
fide civic, educational or religious organization whose principal office is
in Walker County, Texas, and performed by a bonded and insured
pyrotechnic expert in compliance with such reasonable requirements as
the city fire marshal may establish. In this section, "pyrotechnic expert"
means an individual who by experience, training and state licensure has
demonstrated the required skill and ability for safely setting up and
discharging displays of fireworks.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof.
SECTION 3: All ordinances, parts of ordinances, rules and regulations in conflict with
the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency, and in all other respects this Ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered by this
Ordinance.
SECTION 4: This Ordinance shall take effective immediately from and after the date of
its passage.
PASSED AND APPROVED THIS 17th DAY OF JUNE 2008.
CITY OF HUNTSVILLE, TEXAS
J. Turner, Mayor
EST:
x
tep a i e Brim, City Secretary
APPR.OVED AS TO FO
Thomas A. Leeper, edF Atto ney