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 Pearland
 Code of Ordinances
 Chapter 10. FIRE PREVENTION AND PROTECTION
 Article IV. FIREWORKS

  § 10-77. Public displays exempted.  

Latest version.

  • The provisions of section 10-74 shall not apply to a public display of fireworks made under the terms and conditions of this section, and such display shall be permitted upon compliance with the provisions of this section as follows:

    (1)

    Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make a written application for a permit to the fire marshal at least forty-eight (48) hours in advance of the date of the proposed display.

    (2)

    It shall be the duty of the fire marshal to make an investigation as to whether the display as proposed by the applicant for a permit under this article shall be of such a character that it may be hazardous to property or dangerous to any person; and he/she shall, in the exercise of reasonable discretion, grant or deny the application subject to the conditions prescribed in this section. In the event the application is approved, a permit shall be issued for public display by the fire marshal. Such permit shall be for a period of time designated on the 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 marshal, he/she shall notify the applicant of the denial in writing.

    (3)

    The applicant for a display permit under this section shall, at the time of making application, furnish proof that he/she carries compensation insurance for his/her employees as provided by the laws of the state; and he/she shall file with the fire marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than fifty thousand dollars ($50,000.00), 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 fifty thousand dollars ($50,000.00), such policy to be approved by the fire marshal. In lieu of insurance, the applicant may file with the fire marshal a bond in the amount of fifty thousand dollars ($50,000.00) issued by an authorized surety company approved by the fire marshal, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his/her agents, servants, employees or subcontractors in the presentation of the public display.

    (4)

    The range of aerial displays shall not be more than two hundred (200) feet, and the fireworks shall be discharged vertically from steel tubes.

    (5)

    The limit of a display authorized by this section shall be not more than sixty (60) minutes per performance, and there shall not be more than two (2) performances in each twenty-four (24) hours.

    (6)

    No public display of fireworks shall be of such a character and so located, discharged or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire marshal.

    (7)

    The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the fire marshal, and no person not approved by the fire marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued.

    (8)

    For each public display of fireworks under this section, not less than two (2) firemen of the city shall be in attendance during the display. The expense of such firemen at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit.

    (9)

    The material to be used for a public display authorized by this section shall not be stored within the city limits (unless approved by the fire marshal) but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage.

(Ord. No. 513-2, § 1, 6-11-90)