Under the Austin, Texas city ordinance, possessing fireworks is currently illegal. Furthermore, both using and selling fireworks is also illegal both in Austin and anywhere within 5,000 feet of the city.
Anyone who is found to be in violation of this ordinance can find themselves being issued a fine of more than $500. In most cases, the exact fine can run up to $568. Additionally, those who still use fireworks in Austin and end up causing property damage and/or injuries to another party as a result of using them will also run the risk of being hit with criminal charges. Depending on the circumstances, more serious charges like assault or arson can result from causing damage with fireworks. Those who wish to report violations to this specific ordinance are asked to call 311 immediately.
Despite the sale and use of fireworks currently being illegal in the city of Austin, there are some exceptions to the city ordinance. These are based on specific definitions that are outlined by the United States Department of Transportation, which state that items which are not classified as being “common fireworks” are permitted to be used in the city of Austin. These items include the following:
- Snakes
- Glow worms
- Various types of smoke devices
- Sparklers
- Noise makers (such as poppers, snappers, and trick matches)
No permit is required for the abovementioned products. However, it is important to note that those who choose to use them should take the time to follow all safety and handling guidelines that are listed. All should be used in a safe location outdoors.
There is another exception to the ordinance is if an individual or company is planning to either promote or execute a commercial fireworks display of any kind and has a permit to do so. Additionally, all of the necessary information that they need must also be submitted at least 21 days prior to the date of the event that will be taking place, and the display itself must meet all state requirements, as well as paying all required fees. These amounts will be based on the specifics of the event itself.
Previously, citizens of the city of Austin who had wanted to use fireworks had taken the liberty of going to various unincorporated areas of Travis County in order to both purchase and use them. Unfortunately, due to multiple years of drought conditions throughout the state of Texas, the increased chances of wildfires led the county to implement a burn ban throughout.
The declaration permitted the county to therefore completely ban fireworks from being both sold and used throughout Travis County itself. Additionally, anyone found to be in violation of this specific ordinance will not only face being issued a fine of up to $500, but they can also run the risk of being charged with a Class C misdemeanor.
Thank you for reading the legal news blog of The Law Office of Gabriella Young. Contacting an experienced attorney right when you are charged is incredibly important for the wellbeing of your case. We are an Austin, Travis County, and Williamson County criminal defense firm experienced in DWI and license reinstatement cases, and our jail release assistance is available 24/7. We are dedicated to our clients and their futures, and will handle your case with compassion and dedication!