Ord. 0033 1960-11-17JH:rr-11-22-60
ORDINANCE NUMBER aa,
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AN ORDINANCE AMENDING ORDINANCE NUMBER 33 HERETOFORE ADOPTED
BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WITH REFERE_
NCE TO THE SALE AND DISCHARGE OF FIREWORKS, TORPEDOES, ROCKETS,
ETC., WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AND
AMENDING SUCH ORDINANCE BY THE PROVISIONS HEREOF AND REVOKING
ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING A PENALTY AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS:
SECTION 1: NO person, firm, company, corporation or association shall cast,
throw or fire any squib, rocket, cracker, torpedo, grenade, gun, relover, pistol,
cap or cartridge, or other combustible fireworks of any kind in the City of Pear -
land, Texas, except as herein provided.
SECTION 2: NO person, firm, company, corporation or association shall exhibit
or have in his possession, with intent to give away or sell or offer for sale or sell
within the City of Pearland, any squib, rocket, cracker, torpedo, grenade, or
other cumbustible fireworks of any kind in the City of Pearland, provided, however
that this section shall not apply to the sale of any such article or articles by
wholesalers to each other or to the sale of any such article or articles at whole-
sale to merchants conducting business entirety without the City of Pearland, or to
the sale byany wholesalers for private or public demonstration as hereinafter
provided, without first obtaining a permit from the City of Pearland to do such.
Said permit shall allow the retail sale, discharge and storage of class ICC Class C
common fireworks at a location to be approved by the City Fire Marshall, and the
location and operation of same shall meet the requirements of the State Fire
Marshall. The permit shall be issued by the City of Pearland at a cost of Two
Hundred ($200.00) Dollars per permit for each location so approved by the Fire
Marshall; said permits shall be valid for a period of time from December 1st
of each year to November 30th of the succeeding year.
SECTION 3: Nothing in this ordinance shall be construed to apply to the sale,
storage or use of railroad tract torpedoes, or other signalling devices used by
railroads, nor to the sate, storage, use of flashlight composition by photographers
or dealers in photographic supplies or prevent any public or private demonstra-
tion or display of fireworks (of any kind if) conducted under proper police super-
vision after application made and permit issued by the governing body of the City
of Pearland, for such demonstration. Said permit shall not be granted unless such
demonstration or display shall be of such a character, and so located, discharged
or fired, as in the opinion of the said governing body of the City of Pearland,
after proper inspection, shall not be hazardous to property or endanger any person
or persons.
SECTION 4: It is the intent and purpose of this Ordinance to amend the ordinance
heretofore passed, approved and adopted by the City Council of the City of Pear -
land, Texas, such original ordinance being passed and approved August 4, 1960,
and being ordinance No. 33, and is the further intention of this Ordinance as a-
mended to comply with Article 1724, Penal Code of the Revised Statutes of Texas,
and the amendment thereto.
SECTION 5: ANY person, firm, corporation, company or association who shall
violate any of the provisions of this ordinance, or suffer or allow the same to be
violated, shall upon conviction therefor be subject to a fine of not more than One
Hundred ($100.00) Dollars nor less than Ten ($10.00) Dollars.
SECTION 6: ALL ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: IN view of the fact that this ordinance as amended is necessary for
the immediate protection and preservation of the public health, safety and general
welfare, it becomes necessary that this ordinance shall be in full force and effect
immediately from and after its passage and it is accordingly so Ordained.
PASSED and APPROVED by the City Council at a regular meeting on this the 17th
day of November, A. D. 1960,
CITY OF PEARLAND, TEXAS
By
E, T.'Gibbons , Mayor
(CORP. SEAL)
AQ► TEST:
actor Aolen, City "ecretary.
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