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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All ordinances, parts of ordinances, rules and regulations in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this Ordinance shall be cumulative of other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