“We are kids and we live in Austin. We want to shoot fireworks with a bunch of other kids our age on July 4. Is that allowed?” – Everest & Archer
It’s almost July 4 and the red, white, and blue will be in full effect as we celebrate the country’s 250th birthday. Does that celebration give folks, including kids, a free pass to shoot fireworks in Austin?
Sorry to be the bearer of bad news. Fireworks are illegal to possess or use in the city of Austin unless a permit has been issued for professional display. Individuals that violate the law may receive a citation and face a fine of up to $2,000. Most Texas cities have similar laws.
There is even a provision in the city code that is designed to dissuade adults from assisting minors with fireworks. The Austin city code states that no one can encourage or help a person under 18 own or ignite fireworks within city limits. Violators can receive a $500 fine.
There are a few minor items that are not classified as common fireworks and therefore are allowed. These include things like snakes/glow worms, smoke devices, wire sparklers, party poppers, and snappers.
The rules in areas of Travis County outside of the Austin city limits are somewhat different. Fireworks are allowed in unincorporated Travis County (areas outside the city limits) as long as you are 5,000 feet or more away from any city limits. Even then, fireworks cannot be used on public roadways, school district property, in county parks, or within 600 feet of a church, licensed childcare center, hospital, or school.
If you live in Austin, the bottom line is that you are better to stick to sparklers and snappers and leave the fireworks to the professionals.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.