81-C-33
^'
"
THE STATE OF TEXAS I
COUNTY OF GUADALUPE I
CITY OF" SCHERTZ I
On this, the 3
day of November, 1981 , at 7:00 o'clock P.M., the
City Council of the City of Schertz" Texas, convened at a regular meeting at the
regular meeting place in the Municipal Building in the City of Schertz, Texas,
pursuant to due call and notice to all of the members of said C}ty Council,
which meeting was at all times open to the public, and at which meeting the
following members were present, to-wit:
Jack M. Stomackin. Sr.
Richard L. Howe
Barbara Taylor
Jeff Dufffplrl
Earl W. Sawyer
JaCquQliR@ Lawler
MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
ABSENT
and
June G. Krause
Jimmy G. Gilmore
CITY SECRETARY
CITY MANAGER
...
There being a quorum present, the"meeting was called to order by the
Mayor, and, among other proceedings had were the following:
The Mayor introduced the hereinafter set forth ordinance, which has
been read and considered at the last regular meeting of the City Council on the
19 day of October, 1981 It was determined that the City Secretary had
caused a short synopsis of said proposed ordinance to be published in the
official City newspaper after its consideration at the last regular meeting of
the City Council and prior to this meeting.
Whereupon said ordinance was discussed and 'further considered by the
~
Council.
Thereupon it was moved by Councilmember Sawyer
and seconded by Counci 1 member Lawl er that sai d ordi nance
be finally passed and adopted. The Mayor put the motion to a vote of the
members of the City Council and the ordinance was finally passed and adopted by
the following vote:
AYES: Councilmembers Howe, Taylor, Duffield, Sawyer and Lawler
NAYS: None
ORDINANCE NO. f/- ~ -;3'3
AN ORDINANCE
DEFINING FIREWORKS; DEFINING TERRITORIAL APPLICABILITY;
PROHIBITING THE MANUFACTURE. ASSEMBLY, STORING, TRANS-
PORTATION, SALE, OFFER OR HAVE IN POSSESSION WITH THE
INTENT TO SELL. USE, DISCHARGE, IGNITE OR OTHERWISE SET
IN ACTION: PROVIDING FOR SEIZURE AND DISPOSAL OF FIRE-
WORKS; REGULATING PUBLIC DISPLAYS: PROVIDING CERTAIN
EXCEPTIONS; PROVIDING PENALTIES FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE; AND SEVERABILITY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS.
SECTION I
This ordinance is, shall be known and may be cited as, the
Fireworks Code of the City of Schertz.
SECTION II Definition
a. The term "fireworks" shall mean and include any combus':;
tible or explosive composition, or any substance or
combination of substances. or device 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
cannons. toy canes, or toy guns in which explosives
are used, firecrackers. torpedoes. skyrockets, roman
candles, daygo bombs, sparklers, or other devices of
like construction and any devices containing any ex-
plosive or flammable compound. or any tablet or other
device containing an explosive substance, except that
the term "fireworks" shall not include any auto flares,
paper caps containing not in excess of an average of
twenty-five hundredths (.25) of a grain of explosive
content per cap, and toy pistols, toy canes, toy guns
or other devices for use of such caps.
b. The term "person" shall mean and "include any natural
person, association of persons. partnerships. corpo-
rations or agent, officer or representative thereof.
SECTION III Territorial Applicability
This ordinance shall be applicable and in force throughout
the City of Schertz corporate limits. and shall also be
applicable and in force within the area immediately adjacent
and contiguous to the city limits of Schertz and extending
for a distance of five thousand (5,000) feet outside the
City limits of Schertz.
SECTION IV Fire Works Prohibited
Except as hereinafter provided, it shall be unlawful for a
person to manufacture, assemble, store, transport. sell, offer
,or have in possession with intent to sell, use. discharge.
ignite, or otherwise set in action any fireworks within the
corporate limits of the City of Schertz, Texas, to include
the area immediately adjacent and contiguous to the city
limits of Schertz and extending for a distance of five thou-
sand (5,000) feet.
SECTION V Seizure and Disposal
The Fire Marshall, Fire Chief, Fire Department Officer in
Charge, any Police Officer of the City of Schertz, or any
other duly constituted peace officer is empowered to stop the
illegal transportation of any fireworks, close any building
wherein illegal fireworks are contained, and shall seize,
take, remove, or cause to be seized, taken or removed, at the
expense of the owner/possessor, all fireworks offered or ex-
posed for sale, stored, or otherwise held in violation of
this ordinance. Such seized fireworks shall be safely des-
troyed in a manner applicable to the fireworks involved and
will be so destroyed under the direction and supervision of
the Fire Marshall, Fire Chief, or the Fire Department Officer
in Charge.
SECTION VI Public Displays
a. The Fire Marshall, Fire Chief, or Fire Department
Officer in Charge, may adopt reasonable rules and re-
gulations for the granting of permits for supervised
displays of fireworks by municipalities, fair asso-
ciations, amusement parks and other applicable organi-
zations. Every such display shall be handled by a
competent operator licensed and certified by the State
of Texas. Such displays shall be of such composition,
character, and so located, discharged or fired as in
the opinion of the Fire Marshall, Fire Chief or Fire
Department Officer in Charge, after proper inspection,
shall not be hazardous to property or endanger any
person or persons. After such privilege shall have
been granted, possession and use of fireworks for such
display shall be lawful for that purpose only. No
permit granted hereunder shall be transferable.
b. Applications for permits shall be made in writing to
the Fire Marshall, Fire Chief, or Fire Department
Officer in Charge, at least ten (10) days in advance of
of the date of the display. The applicant for such
display shall at the time of application file a bond
issued by an authorized surety company, conditioned
upon the applicants payment of all damages to persons
or property which shall or may result from or be caused
by such public display of fireworks, or a certificate
of insurance evidencing the carrying of appropriate
public liability insurance. The amount of such surety
bond shall be not less than ten thousand dollars
($10,000.00) and the amount of such insurance shall
be not less than twenty thousand dollars($20,000.00).
c. Any fireworks that remain unfired after the display is
concluded, shall be immediately disposed of in safe
manner for the particular fireworks.
.
SECTION VII Exceptions
Nothing in this ordinance shall be construed to prohibit
the use of fireworks by railroads or other transportation
agencies for signal purposes or illumination, or 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.
SECTION VIII Penalties
ATTEST:
(CITY SEAL)
,'--,- ..'-....'.., "
&'Z ' ,I
I AN 81m1NAN4
ADOPTING THE
,,sTANDARD HOUS-
ING CODE, 1979 EDI.
TION, WITH 1980 AND
1981 REVISIONS, AS
THE HOUSING CODE
OF THE CITY OF
SCHERTZ, TEXAS
AND PROVIDING A
PENALTY. '
Approved on first
reading the 19th day of
October 1981., '
Alice Austin
Deputy City Secretary
AN ORDINANCE
, ADOPTING, THE
STANDARD SWIMM-
ING'. POOL CODE,
1979 EPlTION, AS
~ED, AS THE
SWJMMIfiG" POOL
CODEOF,;n{E CITY
OFSCllERTZ, AS
HEREIN .,MODIFIED
AND ',:REPEALING
ALL ORDINANCES
IN CONFUCT.
Approved on first
reading "~ 19th dlly of
October 1l!81.
Alice Austin
Deputy s~y Secretary
AJll' OI4l~ANCE
, OEFI!ltfING
li'TRE W,Q RKS;
DEFINING, TEa..
RITORIAL Ap.
PUCABII,lTY; PRO-
HIBITING THE
MANUF~CTURE,
ASSEMa~Y, STOR-
ING, TRANSPORTA-
'TION, SALE, OFFER
OR HAVE IN
POSSES&ION WITH
'THE INTENT TO
SELL, ',', USE,
DISCHAij,GE, IG-
NITE OR OTHER.
WISE SET IN AC-
TION; P!iO,VIDING
FOR SEIZURE AND
DISPOSA.L OF
FIREW;PRKS;
REGUI<,ATING
PUBLIC I>ISPLAYS;
PRoVIPlliG' CER-
TAINmeEPTIONS'
P It'(JV'rD I NG '
P~NAL TIES FOR
, THE VIOLATION OF '
: TIlE PROVISIONS I
OF THIS OR.
DINANCE; AND
SEVERABIUTY.
Approved on first
readfug tbe 19th day of
October 1981.
Alice Martin
Deputy City Secreqll1'
i A~?Jli~"J~ I
OJ! 'Tftl!. crr1' OF
SCHERTZ, TEXAS,
ADOPTING ,THE NA.
TIONAL;ELECTRIC,
CClDE',isiUEDmON
AS hiE. ELEC~
TRICALCODE OF
THE CITy 'OF:
SCHER'l1Z. TEl{AS. I
DESIGNATING THE
ELECTRICAL IN-,
SPEcroR,SETTlNGi
AMOUNT OF i
UCENSE}iFSES AND,
BONDS; REPEAL.
ING ALL. ','OR.
DINANCESc.IN CON. i
FLICT AND SET.
TING A PENAi:rv. '"
,ADproved,on first
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MAIN OffICE
12\!, East Byrd
/>,0, Box 2789
Un_City, Taos 78148
(512) 658-7424
PUBLISHER'S AFFIDAVIT
COUNTY OF BEXAR)
STJl1'E OF TEXAS)
I, Therese A. Soares
, authorized representative of
the HeraJ.d Newspaper Group, do solemnly swear that the notice,
a printed copy of which is hereto attached, was published
once a week for
1
consecutive weeks in the Northside/
Northeast/Northwest Herald, published at Universal City, Bexar
County, Texas, on r..he following dates, to-wit: October 29,
A.D., 19 81.
~~C\DG.~
Herald Newspaper Group
Subscribed and sworn to before me, this 3rd day of j/ (/'1J
>'
19..21-.
?dp<f/1~JZfJh,~ /
Notary Public in and for
Bexar County, Texas.