HomeMy WebLinkAbout161 01-23-1962ORDINANCE NO. 161
AN ORDINANCE PROHIBITING THE MANUFACTURE, STORAGE,
SALE, DISTRIBUTION, USE, DISCHARGE AND POSSESSION
OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE
CITY OF EULESS, TEXAS; DEFINING CERTAIN TERMS; PRO-
VIDING A PENALTY THAT ANY PERSON, FIRM OR CORPORATION
VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CON-
VICTION THEREOF, SHALL BE FINED A SUM NOT LESS THAN
$10.00 NOR MORE THAN $200.00; PROVIDING -1 SEVERANCE
CLAUSE; AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL of the City of Euless,
Texas,
I.
Definitions:
Fireworks shall mean and is defined as being any combustible,
inftamable or explosive device, compound, substance or com-
bination of substances, made, prepared or manufactured for
the purpose of producing a visible or an audible combustion,
explosion, deflagration, detonation, display of sparks,
display of flames, or other like or similar effect, and
shall include firecrackers, Roman candles, sky rockets,
torpedoes, sparklers or other fireworks of like composition
and any fireworks containing any explosive or flamable com-
pound, or any tablets or other device containing any
explosive substance, blank cartridges, toy pistols, toy
cannons, toy canes or toy guns of any typs in which
explosives are used, provided however, that the term fire-
works shall not include paper caps containing not in excess
of an average of .25 of a grain of explosive content or
substance per cap, nor shall such definition be held to
include toy pistols, toy canes, toy guns or other toy
devices for the use of such paper caps, the sale and use
of which shall be permitted at all times.
II.
Manufacture, Storaee, Sale and Distribution of Fireworks
Prohibited:
a.) The manufacture of fireworks as said term is
herein defined is prohibited within the corporate
limits of the City of Euless, Texas, and it shall
be unlawful for any person, firm or corporation
to store, distribute, sell, offer for sale, expose
for sale or to sell either at retail or wholesale
any fireworks as herein defined.
III.
Discharge, Use, Explosion and Possession of Fireworks Pro-
hibited:
It shall be unlawful for any person to discharge, use,
explode or have in his actual or constructive possession fire-
works as that term is defined in this Ordinance within the
corporate limits of the City of Euless, Texas.
IV.
Any person, firm or corporation Violating any provision of
this Ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be fined in a sum not less than $10.00,
or more than $200.00. Each day such violation continues shall
constitute a separate and distinct offense.
V.
Should any section, article, provision or part of this
Ordinance be declared to be unconstitutional and void by a
court of competent jurisdiction, such decisions shall in no
way affect the validity of any of the remaining parts of this
Ordinance unless the part held unconstitutional or void is
inseparable from and indispensable to the operation of the
remaining parts. The City Council hereby declares that it would
have passed those parts which may be unconstitutional at the time
of the passage of this Ordinance.
V1.
This Ordinance shall become effective and be in full force
and effect from and after the date of its adoption and publication
as by law provided.
ADOPTED this 0444-d day of January, 1962.
APPROVED:.
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ATTEST:
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