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Home My WebLink AboutORD 1973-008 ORDINANCE NO. 73-8 AN ORDINANCE ALLOWING THE PUBLIC DISPLAY OF ��*�-�~ FIREWORKS; REQUIRING A PERMIT FOR A PUBLIC ' DISPLAY; AUTHORIZING THE� FIR� CHIEF TO ISSUE �.,.� PERMITS FOR FOR PUBLIC DISPLAYS; PROHIBITING STORAG� OF MATERIALS FOR PUBLIC DISPLAYS WITHIN CITY LIMI`TS; PROHIBITING HAZARDOUS PUB� LIC DISPLAYS: REQUIRING AN APPROVED ADULT PERSON TO HANDLE PUBLIC DISPLAYS; REQUIRING FIREMAN TO BE, PRESENT AT PUBLIC DISPLAYS; PROVID]NG A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. THE�REFORE, BE IT ORDAINED BY THE CITY OF GRAPEVINE , TEXA S: SECTION 1. Title 6, Chapter 3, Section 8 of the City Code of Grapevine, Texas is hereby amended by the terms and conditions of th�s ordinance allowing a public display of fireworks under certain specified conditions as more fully described below. ��CTION 2. Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the Fire Chief of the City of Grapevine, Texas at least twenty�four (24) hours in advance of the �'`� time of the proposed display. No City permit shall be issued until a permit � issued for said purposes has been issued by the State of Texas. The fee � for said City of Grapevine permit shall be $ 25.00 , plus the cost of the fireman required under Section 8 of this ordinance. SECTION 3. It shall be the duty of the Fire Chief to make an investigation as to whether the display as proposed by the applicant for a permit under this division shall be of such a character that it may be hazardous to property or dangerous to any person, and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the condit:ions prescribed in this ordinance. In the event the application i �,, ,.,, is approved, a permit shall be issued for the public display by the Fire Chief. Such permit shall be for a.period of time designated on t he permit, but shall not exceed fourteen (14) days, and the permit shall not be transferable. In the event that the application is denied by the Fire Chief, he shall notify the applicant of the denial in writing. SECTION 4. The applicant for a display permit under this ordinance shall, at the time of making application, furnish proof that he carries compensation insurance for hi.s employees as provided by the laws of the State, and he shall file with the City Secretary, a certificate of insurance evidencing the carrying of public liability insurance in an amount . not less than five hundred thousand dollars ($500,000. 00) issued by an insurance carrier authorized to transact business in the State, for the benefit of the person named therein as assured, as evidence of ability to respond in damages in at least the amount of five hundred thousand dollars ($500,000.00), such policy to be approved by the Fire Chief. In lieu of insurance, the applicant may file with the City Secretary, a bond in the amount of fi ve hundred thousand dollars ($500,000.00) issued by an authorized surety company approved by the Fire Chief, conditioned upon the applicant's payment of all damages to persons or property which shall or may result �n.�� from or be caused by such public display of fireworks, or any negligence on the part of the applicant or his agents, servants, employees, or subcontrac� � tors in the presentation of the public display. The City of Grapevine shall also be designated as an insured by the insurance policy and bonded by the bond. SECTION 5. The material to be used for a public display authorized by this divisian shall not be stvred within the city limit�, but shall be broughC in on the day of the public display and then shall be taken immediately to the place of display for further handl.ing and �torage. �� SECTI4N 6. No public display of fireworks shall be of sich a i character and so located, diseharged, or fired as to be hazardaus or dangexous to perso�s or property, and this determination shall be wfthin the sound discretion of the Fire Chief. SE�CTION 7. The persans handling the display of fireworks under this division shall be competent, adult persons and experienced pyrotechnic opera�ors approved by the Fire Chief, and no person not approved by the Fire Chief �hall handle fireworks at the public display. The names af the experienced pyrotechnic operators shall be designated o� the permit issued. SECTIC}N 8. For each public display of fireworks under this ordinance, not less than one (1} fireman of the City sha�.l be in attendance _ during the disp�ay. The ex}�nse of such fireman at the display sha11 be borne by the applicant fox the permit and shall be paid in advance at the time of the application for the permit, based on the average hourly rate of a fireman and the number of hours specified in the permit. SECTION 9. Any person, firm, copartnership, corporatioi� or association violati.ng the terms and provisions of this ordinance shall be deemed guilty of a misdemea�or, and shall be fined not les s tha� one dol.lar ($1.QO) nor more than two hundred dollars ($200.00) and each day each violation shall continue shall be a separate offense. h,&�,,:.;.� SECTION 10, It is hereby declared x�� be th� int�ntion of the -a� City Counca l of Che City of Grapeva.ne that the sections, paragraphs, sentences, clauses, and phxase� af this ordinance are severable and any phrase, elause, sentence, paragraph or seciton hereof shall be decla'red unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, �..s, sentence, paragraph or section. �,� SECTION 11. The fact that the present ordinances and regula» tions of the City of Grapevine are inadequate to control fireworks within the corporate city limits of the City of Grapevine creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage as provided by the Charter of the City of Grapevine, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, ��..� TEXAS, THIS 2oth DAY OF February A. D. , 1973. �:� �`• ;. :�. � ''�_ MAY R ATTEST: � ../. _ � City Secretary APPROVED AS TO FORM: �. .._.. ..� � �%` ��._.��- � �____ . ity Attorney