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Home My WebLink About07440 ORD - 12/23/196412/23/64 ' AN ORDINANCE 17440 DEFINING OFFENSES INVOLVING FIREWORKS AS FIREWORKS ARE DEFINED IN THE FIRE PREVENTION CODE OF THE CITY PROVIDING EXCEPTIONS; PROVIDING MEANS OF ENFORCEMENT; } PROVIDING PENALTIES, PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, THE EXISTENCE OF FIREWORKS, INCLUDING ALL THOSE MATERIALS AND SUBSTANCES AS DEFINED IN THE CITY EIRE PREVENTION CODE AS` "FIREWORKS", WITHIN THE CITY LIMITS, CONSTITUTES A HAZARD TO PROPERTY AND PERSONS AND A DANGEROUS NUISANCE: r t• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THE TERM "FIREWORKS", AS USED IN THIS ORDINANCE, SHALL INCLUDE ALL OF THE ARTICLES AND SUBSTANCES CONSTITUTING FIREWORKS AS DEFINED IN THE FIRE PREVENTION CODE OF THE CITY. SECTION 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO MANUFACTURE, r _ ASSEMBLE, STORE, TRANSPORT, RECEIVE, KEEP, SELL, OFFER OR HAVE IN HIS POSSES - SION WITH INTENT TO SELL, USE, DISCHARGE, CAUSE TO BE DISCHARGED, IGNITE, DETONATE, FIRE OR OTHERWISE SET IN ACTION ANY FIREWORKS OF ANY DESCRIP- TION. �- SECTION 3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO MANUFACTURE, ASSEMBLE, STORE, TRANSPORT, RECEIVE, SELL, OFFER, DELIVER TO ANY PERSON OR PLACE, OR HAVE IN HIS POSSESSION, OR ON HIS PERSON, OR UNDER HIS CONTROL, ANY FIREWORKS OF ANY DESCRIPTION. SECTION 4. THE POSSESSION OF A PERMIT FROM THE CHIEF OF THE BUREAU OF FIRE PREVENTION, AS PROVIDED IN THE FIRE PREVENTION CODE, SHALL CONSTITUTE A DEFENSE TO THE PERSON OR PERSONS NAMED IN SAID PERMIT OR EMPLOYEES OF THE PERSON NAMED IN SUCH PERMIT. SECTION 5. THE PRESENCE OF ANY FIREWORKS WITHIN THE CITY LIMITS SMALL CONSTITUTE A VIOLATION OF THIS ORDINANCE AND IS HEREBY DECLARED TO BE A COMMON AND PUBLIC NUISANCE AND CONTRARY TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE. THE FIRE MARSHAL IS DIRECTED AND REQUIRED TO SEIZE AND CAUSE TO BE SAFELY DESTROYED ANY FIREWORKS FOUND WITHIN THE CITY LIMITS IN :1 Ll V' dr i VIOLATION OF THIS ORDINANCE OR IN VIOLATION OF THE FIRE PREVENTION CODE OF THE CITY. ANY MEMBER OF THE FIRE PREVENTION DIVISION OF THE FIRE DEPARTMENT OF THE CITY OR ANY POLICE OFFICER OF THE CITY OR ANY OTHER DULY CONSTITUTED PEACE OFFICER IS EMPOWERED TO SEIZE ANY FIREWORKS FOUND WITHIN THE CITY IN VIOLATION OF THIS ORDINANCE AND CAUSE THE SAME TO BE SAFELY DESTROYED. SECTION 6. NOTWITHSTANDING ANY PENAL PROVISIONS OF THIS ORDI- NANCE, THE CITY ATTORNEY IS AUTHORIZED TO FILE SUIT ON BEHALF OF THE CITY OR THE FIRE MARSHAL, OR BOTH, FOR INJUNCTIVE RELIEF AS MAY BE NECESSARY TO PREVENT UNLAWFUL STORAGE, TRANSPORTATION, KEEPING OR USE OF FIREWORKS WITH- IN THE CITY LIMITS AND TO AID THE FIRE MARSHAL IN THE DISCHARGE OF HIS DUTIES AND TO PREVENT ANY PERSON FROM INTERFERING WITH THE SEIZURE AND DESTRUCTION OF SUCH FIREWORKS, BUT IT SHALL NOT BE NECESSARY TO OBTAIN ANY SUCH INJUNC- TION RELIEF AS A PREREQUISITE TO SUCH SEIZURE AND DESTRUCTION. SECTION 7. THE ADOPTION OF THIS ORDINANCE SHALL NOT CONSTITUTE A REPEAL OF ANY OF THE PROVISIONS OF THE CITY FIRE PREVENTION CODE. SECTION 8. ANY PERSON, UPON CONVICTION FOR VIOLATION OF ANY PRO- VISION OF THIS ORDINANCE, SHALL BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). IF THE FIREWORKS BE SEPARATELY WRAPPED OR PACKAGED, THE DOING OF ANY ACT PROHIBITED BY THIS ORDINANCE, OR THE OMISSION TO DO ANY ACT REQUIRED TO BE DONE BY THIS ORDINANCE, SHALL BE A SEPARATE OFFENSE AS TO EACH SUCH SEPARATELY WRAPPED OR PACKAGED. FIREWORKS. EACH DAY THAT A VIOLA- TION OF THIS ORDINANCE SHALL CONTINUE WITH RESPECT TO ANY PACKAGE OF FIRE- WORKS OR ANY ARTICLE OF FIREWORKS SHALL CONSTITUTE A SEPARATE OFFENSE. SECTION 9. ANY PERSON WHO SHALL USE, DISCHARGE, CAUSE TO BE DIS- CHARGED, IGNITE, DETONATE, FIRE OR OTHERWISE SET IN ACTION ANY FIREWORKS, NPnN CONVICTION. SHALL BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). ANY PARENT OR GUARDIAN OF ANY MINOR CHILD BELOW THE AGE OF 14 YEARS WHO PERMITS OR ALLOWS SUCH MINOR CHILD TO USE, DISCHARGE, IGNITE, DETONATE, FIRE OR OTHERWISE SET IN ACTION ANY FIREWORKS, UPON CONVICTION, SHALL BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). SECTION 10. IN ANY PROSECUTION FOR ANY VIOLATION OF THIS DIVISION, -2- IT SHALL NOT BE NECESSARY FOR THE PROSECUTION TO NEGATIVE ANY PROVISO OR EXCEPTION BUT THE SAME MAY BE RAISED BY THE, DEFENDANT BY WAY OF DEFENSE. SECTION 11. IF FOR ANY REASON ANY SECTION, PARAGRAPHS SUBDIVI- SION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 12. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLI- CATION OF THE CITY OF CORPUS CHRISTI ONE TIMEX WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE AND RECITING THE PENALTY FOR VIOLATION OF THE ORDINANCE. SECTION 13. THE NECESSITY TO REGULATE THE POSSESSION, SALE AND USE OF FIREWORKS IN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, SO AS TO PROTECT THE SAFETY, HEALTH AND GENERAL WELFARE OF THE PUBLIC CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS HAVING REQUESTED THE SUSPEN- SION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFF CT FROM AND AFTER ITS PASSAGES IT IS ACCORDINGLY SO ORDAINED' THIS THE . -..V.a DAY OF DECEMBERS 1964. ATTEST* ' OR � THE CITY OF CORPUS CHRISTI' TEXAS l CITY ECRETARY APPROVED AS TO EGAL FORM THIS DAY OF DECEMBER, 1964: Y CITY ATTORNEY El CORPUS CHRISTI, TEXAS ✓`� DAY OF& y �9 y: %�/ TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE.FORE_- GOING ORDINANCE,,A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, M THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD ,JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO % W. J. ROBERTS / W. H. WALLACE, JR J THE ABOVE ORDINANCE WAS PASSED BY THE FOLL ING,VOTE: JAMES L. BARNARD JAMES H. YOUNG ✓ JACK R. BLACKMON JOSE R. DELEON ✓ M. P. MALDONADO ✓ W. J. ROBERTS / W. H. WALLACE, JR.'/ PUBLISHER'S AFFIDAVIT STATE OF TEXAS, jss: fz County of Nueces. Before me, the undersigned, a Notary Public, this day personally came .................................. Leland G. Barnes , who being first duly sworn, according to law, says that he is the Classified. AdX.sX t� s.j 7Cg_,Ntai�sger..• -•••. of the Corpus Christi Caller and The Corpus Christi Times, _ Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of LEGAL - -- Notice of Passage of an Ordinance No 7440 -- ]Defining offenses involving fireworks ------------------------------•------•--- of which the annexed is a true copy, was published in -_ •The Times . ... ......... .... .......••---................................— on the.. 24 day of ........... 19..6 ,l goer .......................... : 000IA' @tMIMM......................... 7MIMU LPL ...................... ............................... }: ...... ................ imes. .......... 4.05..... CTa. �_- u. n Subscribed and sworn to before me this....... Z-4. ........ day of. ....................... ig 61} Louise Vick � °..:'... otary Public, Nueces County, Texas %) . .` 'ir � - �_ F l