As the 4th of July approaches, many residents of Dallas, Texas, are gearing up to celebrate Independence Day with barbecues, parades, and fireworks. However, it’s crucial to understand the legal landscape surrounding the possession and use of fireworks to ensure a safe and lawful celebration. This blog post will delve into the specific laws governing fireworks in Dallas, Texas, citing relevant code provisions and penalties for violations.
State Law on Fireworks
The State of Texas has issued broad regulation on the manufacture, sale, and use of fireworks. Under Texas Occupations Code, Chapter 2154, a person cannot use fireworks above a certain size without a license from the state.
However, even if you want to use small fireworks like “bottle rockets,” the State of Texas places restrictions on where you can fire them off from. Using any fireworks within 600 feet of a hospital, school, daycare, or mental asylum is a Class C Misdemeanor. However, if you injure someone with your fireworks or cause damage to property greater than $200, the penalty increases to a Class B Misdemeanor.
City of Dallas Law on Fireworks
The State of Texas, gives Counties and Cities the authority to further restrict the use of fireworks. As a consequence, the City of Dallas has decided to completely ban all private use of fireworks without a permit. Any “non-approved user” face a fine between $200 and $2,000 for each offense. The city ban extends 5,000 feet into unincorporated areas of Dallas County.
You can find this ban in amendments to Chapter 16 of the Dallas City Code. Reference Dallas City Ordinance 32381, Section 5608.
Dallas County and Fireworks
Dallas County also prohibits individuals from selling or using of fireworks without a permit. The Dallas County Fire Marshal enforces this ban with a fine of $100 for each “show.”
Conclusion
The Dallas Police Department has vowed to enforce the ban on fireworks this year. Whether they will vigorously enforce this ban is always questionable at best. In my experience, DPD officers will be much busier dealing with intoxicated drivers along with the usual mix of crimes. However, beware of the consequences if you do decide to use fireworks in violation of the city’s ban. If you are one of the unfortunate ones to whom DPD issues a citation, you could be out up to $2,000. In my opinion, it is best to leave the use of fireworks to licensed professionals.