0169BCITY OF SOUTHLAKE, TEXAS
ORDiNAnCE MO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, AMENDING ORDINANCE NO.
169 BY EXTENDING THE PROHIBITION ON THE
SALE, POSSESSION, USE, ETC., OF FIREWORKS
OUTSIDE THE CITY LIMITS FOR A DISTANCE OF
FIVE THOUSAND FEET (5000'); PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Article 1175, Vernon's
Statutes ("V.A.T.C.S."), vests home rule
of local self-government; and
Annotated Texas Civil
cities with full power
WHEREAS, Article 1175(19), V.A.T.C.S. specifically
authorizes home rule cities to define all nuisances and
prohibit the same within their city limits and outside their
city limits for a distance of five thousand feet (5000'); and
WHEREAS, the City Council of the City of Southlake, Texas
(hereinafter referred to as the "City"), has heretofore found
and determined the sale, possession, use and/or discharge of
fireworks within its City limits to be a nuisance; and
WHEREAS, Ordinance No. 169 provided for certain offenses
within the City specifically relating to the sale, possession,
manufacture, exhibition, use and/or discharge of fireworks
within its City limits; and
WHEREAS, Ordinance No. 169 specifically prohibits the
sale, possession, use and/or discharge of fireworks within the
City limits; and
WHEREAS, the City Council hereby
verifies, approves and affirms Ordinance No.
noted herein.
adopts, ratifies,
169, except where
WHEREAS, the City Council of the City finds it necessary,
expedient and in the best interests of the health, safety and
general welfare of its citizens to amend Ordinance No. 169 to
extend the prohibition set forth therein to territory outside
the City limits for a distance of five thousand feet (5000'),
provided that the territory encompassed within the five
thousand feet (5000') outside the City limits is not within the
extraterritorial jurisdiction or City limits of another
municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
Section 1. That all of the above premises are found
and determined to be true and correct and are incorporated into
the body of this Ordinance as if copied in their entirety.
Section 2. That Ordinance No. 169 is hereby amended to
read as follows:
"Section 1. 'Fireworks' as such term
is used in this Ordinance, is defined to be
any rocket, cracker, torpedo, grenade, Roman
candle, gun, revolver, pistol, cartridge or
other combustible material used for
fireworks purposes. "Business", as used in
this Ordinance, is defined to be any firm,
sole proprietorship, partnership,
corporation, association, or any other
business entity, regardless of whether such
"business" is operated for profit or for
non-profit.
Section 2.
Saler possessionr user manufacture and
exhibition ~)rohibited. It shall be unlawful
for any individual or business to sell,
manufacture, exhibit, possess for sale, sell
or offer for sale, possess, or use, fire,
discharge, cast, throw or explode any
fireworks within the city limits and outside
the city limits for a distance of five
thousand feet (5000'), provided that the
territory encompassed within the five
thousand feet (5000') outside the city
limits is not within the extraterritorial
jurisdiction or corporate limits of another
municipality."
2
01580
Section 3. The presence of fireworks
of any description within the corporate
limits of the City of Southlake, Texas,
under any circumstance declared unlawful, by
Section 2 of this Ordinance is hereby
declared to be a nuisance and appropriate
injunctive relief may be instituted by said
city in any court of competent
jurisdiction.
Section 4. No individual or business
shall aid or assist a minor in any manner in
the commission of a violation of this
Ordinance. The commission of a violation of
this Ordinance by a minor on property under
the control or ownership of an individual or
business, with the knowledge of said
individual or business, shall be prima facie
proof of such individual or business aiding
such minor to violate this Ordinance.
Section 5. This Ordinance shall not
apply to the possession or use of signaling
devices for current daily consumption by
railroads and other means of transportation
requiring them; nor to the possession, sale
or use of normal stocks of flashlight
compositions by photographers or dealers in
photographic supplies; nor to the possession
or use of flares or rockets for military,
police or emergency purposes by others.
Section 6. a) This Ordinance shall
not apply to prevent any public or private
demonstration or display of fireworks under
proper police and/or fire department
supervision after a written application for
a fireworks permit is made to the City
Secretary.
b) No permit shall be issued until
authority is granted to the City Secretary
by the Mayor and Fire Marshal or Fire Chief
who shall consider factors of the type and
quantity of fireworks to be used, location,
time, and supervision procedures as such
factors relate to hazards to persons and
property."
01580
3
Section 3. ordinance No. 169-A of the City of
Southlake, adopted on August 5, 1980, is hereby repealed in its
entirety. All provisions of Ordinance No. 169 which are in
conflict with the terms and provisions of this Ordinance are
hereby expressly repealed.
Section 4. Any person violating any of the provisions
of this Ordinance shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine in a sum not
to exceed One Thousand Dollars ($1000.00) for each offense and
a separate offense shall be deemed committed upon each day
during or on which a violation occurs.
Section 5. If any section, article, paragraph,
sentence, clause, phrase or word in this Ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it
would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 6. The fact that the present ordinances and
regulations of the City of Southlake, Texas, are inadequate to
properly safeguard the health, safety, morals, peace and
/ general welfare of the inhabitants of the City of Southlake,
Texas, 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 become
effective from and after the date of its passage and it is
accordingly so ordained.
/
PASSED AND ADOPTED BY THE CIT~_~j~n~_~-~'~UN~LLt
TEXAS, this 7 day o ~~
SOUTHLAKE,
'york Cit~ v
~,~ITY OF
~exas
~l~y'g~cretary, City of Southlake,
Tex~s
[SEAL] '
01580
4
APPROVED AS TO FORM:
City Attorney, City of Southlake, Texas
First Reading by City Council June 16,1987
Second Reading by City Council July 7,1987
5
0158O
Fort Worth Star=iek ,Gel
400 W.SEVENTH STREET•FORT WORTH TEXA. e l 1` 1 ,
DATE o DES• � :;.- °° '�)
07/12 NE EXTRA ONLY , ' (.. i!!1 1 51987
ORDINANCE NO.169-B THE STATE OF TEXAS
AN ORDINANCE OF THE Cl- .''7v
TY COUNCIL OF THE CITY 01"�'�
OF SOUTHLAKE TEXAS CITY SECRETARY
AMENDING ORDINANCE Countyof Tarrant 11
NO. 169 BY EXTENDING
THE PROHIBITION ON THE
OUSE,
ETC.E LE POSSESSION,
Before me, a Notary Public in and for said County and State, this day
USE,ETC. Of`FIREWORKS
OUTSIDE THE CITY LIMITS
FOR A DISTANCE OF FIVE
THOUSAND FEET (SOLO'); personallyappearedRenee Ostrander Secretary for the Fort Worth
PROVIDINUSE;PRA OVIDINGEA rsonall
PENALTY OF FINE NOT TO Star-Telegram, published by the Capital Cities Communications, Inc. at
EXCEEDTHESUMOFA Fort Worth, in Tarrant County, Texas; and who, after being duly sworn,
(S1000THOUSAND
DOLLARS
OF-
FENSE FOR EACH OF- did depose and saythat the followingclipping of an advertisement was
FENSE AND A SEPARATE P PP 9
OFFENSE SHALL BE DEEMED COMMITTED published in the above named paper on the following dates:
UPON EACH DAY DURING
OR ON WHICH A VIOLATION July 12 , 1987 ORDINANCE NO.169-B
OCCURS; PROVIDING A IANORDINANCEOFTHECI-
SEVERABILITY CLAUSE; TY COUNCIL OF THE CITY
DECLARING AN EMER- OF SOUTHLAKE TEXAS
GENCY AND PROVIDING Northeast Extra AMENDING ORDINANCE
AN EFFECTIVE DATE. NO. 169 BY EXTENDING
Section 3.Ordinance No.169-A THE PROHIBITION ON THE
oftheCitvof Southlake,adopted ON THE SALE POSSESSION
on August 5, 1980, is hereby USE,ETC.,OF FIREWORKS'
repealed in its entirety.All pro- OUTSIDE THE CITY LIMITS
visions of Ordinance No. 169 FOR A DISTANCE OF FIVE
which are in conflict with the THOUSAND FEET (5000');
terms andprovisionsofthisOr- PROVIDING A REPEALER
dinance are hereby expressly CLAUSE; PROVIDING A
repealed. PENALTY OF FINE NOT TO
Section 4.Any person violating _ } EXCEED THE SUM OF ONE
any of the provisions of this Or- Signed 1�--..: THOUSAND DOLLARS
dinance shall be deemed guilty (S1000.00) FOR EACH OF-
of a misdemeanor and upon FENSE AND A SEPARATE
conviction thereof shall be sub- 1 GOFFENSE SHALL BE 987
lecttoa fine Ina sum not toex- Subscribed and sworn to before me, this the 'DEEMED COMMITTED
ceed One Thousand Dollars UPON EACH DAY DURING
(S1000.00)for each offense and OR ON WHICH A VIOLATION �
a separate offense shall be Notary Public •(OCCURS; PROVIDING A / ,,
deemed committed upon eachSEVERABILITY CLAUSE;
day during or on which a viola- DECLARING AN EMER- Texas.
tionoccurs. GENCY AND PROVIDING
Section 5.If any section,article, Eve.,GENCY
EFFECTIVE DATE. Y'
paragraph, sentence, clause, Section 3.Ordinance No.169-A•
phrase or word In this Ord- oftheCitvof Southlake,adopted •
nance, or application thereto I MY Con August 5, 1980, is hereby'ire S
any person or circumstances Is i repealed In its entirety.All pro-
held invalid or unconstitutional visions of Ordinance No. 169.
by a Court of competent furls- 9-.3 U which are In conflict with the 1
diction such holding shall not termsandprovisionsofthlsOr-;
affecttbevalidltyof the remain- dinance are hereby expressly
Ing portions of this Ordinance; repealed.
and the City Council hereby de- Section 4.Any person violating
Glares it would have passed any of the provisions of this Or-
such remaining portions of this dinance shall be deemed guilty
Ordinance despite such Invall- of a misdemeanor and upon
dity,which remaining portions I conviction thereof shall be sub
shall remain In full force andef- lect to a fine in a sum not to ex-
fect. I ceed One Thousand Dollars
CURREN Section 6.Thefact that the pres CURRENT (S1000.00)for each offense and .CCOUNT NUMBER
ent ordinances and regulations a separate offense shall be
of the City of Southlake,Texas, deemed committed upon each
are inadequate to properly day during or on which a viola-
safeguard the health, safety, tlon occurs.
morals,peace and general wel- 07/1Section 5.If any section,article, CIT57
fare of the inhabitants of the CI- paracr<',N1, sentence clause,
IF YOU HAV Ty of Southlake,Texas,creates phrase or word In t(,Is Ordi-
nance,emergency for the Immedi- YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPAnance, or application thereto .1.TO ASSIST
US IN AN A.ate preservation of the public any person or circumstances is
business, property, health TING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.B heldinvalidor unconstitutional i EXAS 76199.
safety and general welfare of by a Court of competent iuris-
the public which requires that 3 THIS PERFORATION AND RETURN THE LOWER PORTION WITH YCdiction such holding shall not
this Ordinance become effec- affectthevalidityof the remain-
five from and after the date of Ing portions of this Ordinance;
Itspassageand if is accordingly and the City Council hereby de-,
'so ordained. dares it would have passed•
(PASSED AND ADOPTED BY ADVERT such remaining portions of this
THE CITY COUNCIL OF THE Ordinance despite such invall- NT
CITY OF SOUTHLAKE,TEX dity,which remaining portions
FOlt AS,this 7th day of July, hla ir ram
shall remalninfullforceantlef-
/s/Johnny H.Westerholm, , fect.
Manor of Southlake REMIT TO: Section 6.Thefact thatthepres-
TH, TEXAS 76199
ATTEST: ent ordinances and regulations
Sandra L.LeGrand of the City of Southlake,Texas,
City Secretary ACCOUNT are inadequate to properly
I
Approved as to Form: safeguard the health, safety,
/s/John F.Boyle,Jr. NUMBER CIT57 morals,peace and general wel-
City Attorneyfare of the inhabitants of the CI-
ty of Southlake,Texas,creates
an emergency for the lmmedi-
PAGE OF ate preservation of the public
business, property, health
safety and general welfare of
the public which requires that
this Ordinance become effec-
tive from and after the date of
Its passage and it 1 s accordingly
so ordained.
PASSED AND ADOPTED BY
THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE,TEX-
AS,iof July,1987.
s/Johnhis 7thny aH Westerholm,
Mayor of ATTEST:Southlake
2ITY OF SOUTHLAKE SandraL.LeGrand
ATTN: SANDRA LE GRANDApproveCdtas tow Form: `
667 N CARROLL PA �/s John F.Boyle,Jr.
1PLEASE
HIS AMOUNT �`•+nrnev
SOUTHLAKE TEXAS 76092
PLEASE WRITE IN AMOUNT ENCLOSED