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Wednesday, November 29, 2023

Eagle Lake Police Department Reminds Citizens That The City Of Eagle Lake Ordinance On Fireworks Will Be Strictly Enforced

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Eagle Lake Police:

As we approach the 4th of July Holiday, the Eagle Lake Police Department wants to remind everyone that shooting off fireworks within the city limits is strictly prohibited and is a violation of city ordinance. The City of Eagle Lake ordinance will be strictly enforced.

Sec. 5.06.001 Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks. Any firecrackers, cannon crackers, skyrockets, torpedoes, Roman candles, sparklers, squibs, fire balloons, star shells, gerbs or any other substance in whatever combination by any designated name intended for use in obtaining visible or audible pyrotechnic display, and shall include all articles or substances within the commonly accepted meaning of fireworks whether specifically designated and defined in this article or not.
Person. Any natural person, association of persons, partnership, corporation, or agent or officer of a corporation, and shall also include all warehousemen, common and private carriers, bailees, trustees, receivers, executors and administrators. (Ordinance 2002-12, sec. 1, adopted 6/25/02)

Sec. 5.06.002 Penalty
Any person, firm or corporation violating any provision of this article and any parent or guardian of any minor child below the age of 17 years who permits or allows such or child to use, discharge, ignite, detonate, fire or otherwise set in action any fireworks shall be found guilty of a class C misdemeanor and anyone convicted of said violation shall be fined as provided in section 1.01.009. (Ordinance 2002-12, sec. 9, adopted 6/25/02; Ordinance 2002-22, sec. 4, adopted 8/27/02)

Sec. 5.06.003 Sale
It shall be illegal for any person to exhibit or have in his possession with intent to give away or sell or offer for sale, within the city, any combustible fireworks of any kind. This section shall not apply to the sale of any such article or articles by wholesalers to each other or to the sale of any such article or articles at wholesale to merchants conducting business entirely without the city or to the sale by wholesalers for private or public demonstration as hereinafter provided. (Ordinance 2002-12, sec. 2, adopted 6/25/02)

Sec. 5.06.004 Discharge
It shall be illegal for any person to cast, throw, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action any fireworks of any description. (Ordinance 2002-12, sec. 3, adopted 6/25/02)

Sec. 5.06.005 Possession
Within the city limits, it shall be unlawful for any person to have [fireworks] in his possession, except as permitted in section 5.06.006. (Ordinance 2002-12, sec. 4, adopted 6/25/02)

Sec. 5.06.006 Exceptions; storage and transport
(a) Signal flares. This article shall not apply to signal flares commonly used by any railroad, military or police department or as a warning signal for any emergency.
(b) Storage. Fireworks shall not be stored within 300 feet of any gasoline pump, gasoline filling station or gasoline bulk station, or any structure other than a motor vehicle in which gasoline or other volatile liquids are kept in quantities in excess of one gallon.
(c) Transport. Fireworks may be transported by motor vehicle within the city provided that such fireworks are in a closed package or placed out of the reach of any passenger in the motor vehicle. (Ordinance 2002-12, sec. 5, adopted 6/25/02)

Sec. 5.06.007 Declaration of nuisance; seizure
The discharge of any fireworks within the jurisdiction of the city in violation of this article is declared to be a common and public nuisance. The chief of police is directed and required to seize and cause to be safely destroyed any fireworks found within the jurisdiction in violation of this article, and any police officer of the city or any duly constituted peace officer is empowered to stop the transportation of and detain any fireworks found being transported illegally. (Ordinance 2002-12, sec. 6, adopted 6/25/02)

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