§ 10-78. Illegal fireworks as nuisance; seizure and destruction.

The presence of any fireworks within the city and within the area immediately adjacent and contiguous to the city limits extending for a distance outside of the city limits for a total of five thousand (5,000) feet, in violation of this article, is hereby declared to be a common and public nuisance. The fire marshal is directed and required to seize any fireworks found in violation of this article and any authorized deputy of the fire marshal, or any police officer of the city or any other duly constituted Texas peace officer is empowered to stop the transportation of and detain any fireworks being transported illegally or to close any building where any fireworks are found stored illegally until the fire marshal can be notified in order that such fireworks may be seized in accordance with the terms of this article. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the fire marshal or both for such injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of fireworks within the city or such five-thousand-foot area. It shall not be necessary to obtain injunctive relief as a prerequisite to the seizure of fireworks. This section shall not apply within any portion of such five-thousand-foot area which is contained within the territory of any other incorporated city, town or village.

(Ord. No. 513-2, § 1, 6-11-90)