SAPD: Fireworks are Illegal. Period.Press Release
SAN ANGELO, TX — (SAPD Press Release) Igniting fireworks in San Angelo and within a mile of the city limits is illegal. This includes all three lakes, including Twin Buttes.
Sec. 6.04.002 Fireworks (a) Definition. Fireworks shall mean and include, but not be limited to, any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy candles, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, sparklers, wheels, fountains, helicopter type rockets, colored bomb shells or other devices of like construction and any devices containing any explosive or flammable compound or any tablets or other device containing any explosive substance.
(b) Nuisance. The presence of any fireworks within the effective area of this article as defined hereinafter in violation of this article is hereby declared a nuisance.
(c) Manufacture, sale and discharge of fireworks.
(1) It shall be unlawful for any person to have, keep, store, use, manufacture, assemble, sell, handle, receive, offer for sale, or have in his possession with intent to sell any fireworks of any description.
(2) Any person who violates this section shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code for each offense, and each day a violation is permitted to exist shall constitute a separate offense.
(3) The city may file suit for injunction to prevent the storing, keeping, manufacturing and selling of fireworks in violation of this article.
(4) This section shall be applicable and in force in the city limits and within an area immediately adjacent and contiguous to the city limits and extending for a distance outside of the city limits for a total of five thousand feet (5,000'), and it shall be unlawful to do or perform any act in violation of this section within such area of five thousand feet (5,000') outside the city limits; provided that this section shall not apply within any portion of such five thousand feet (5,000') area which is contained within the territory of any other municipal corporation.
(d) Exceptions. Provided, however, this section shall not apply to the following:
(1) Toy pistols, toy canes, toy guns or similar devices in which paper caps containing twenty-five one-hundredths (25/100) grains or less of explosive compounds are used, provided they are so constructed that the hand cannot come in contact with the cap when in place for exploding, and toy paper pistol caps which contain less than twenty-five one-hundredths (25/100) grains of explosive compounds, the sale and use of which shall be permitted at all times.
(2) Railway fuses, other fireworks used by railroads or other transportation agencies for signal purposes or illumination, truck flares, hand ship distress signals and illuminating torches. Total pyrotechnic composition of illuminating torches not to exceed one hundred (100) grams each in weight.
(3) The sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations.
(4) The sale or use of flashlight composition by photographers or dealers in photographic supplies.
(e) Exception for public displays. Provided further that this section shall not be constructed to prevent any public demonstration or display of fireworks of any kind if conducted under proper supervision after application is made and a permit issued by the chief of the fire department for such demonstration.
(f) Regulations for public displays.
(1) The city hereby adopts article 9205, section 10, V.A.C.S., as if fully set forth herein.
(g) Seizure of illegal fireworks. The fire marshal or his appointed deputy shall seize, take, remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, held or otherwise in violation of this article.
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