Section 5601.7.1 Disposal of explosives, explosive materials or fireworks, Added.
El Paso City Code § 9.52.130.5
in effect9.52.130.5 - Section 5601.7.1 Disposal of explosives, explosive materials or fireworks, Added.
5601.7.1 Disposal of explosives, explosive materials or fireworks.
The City may file a motion with municipal court requesting an Order of Disposal and/or Destruction for explosives, explosive materials and/or fireworks pursuant to authority granted by the 2021 International Fire Code, Section 5601.7. Said Motion shall be filed with a sworn affidavit of the AHJ staling the underlying circumstances of the seizure and the City shall verify that the explosives, explosive materials and/or fireworks are not being held as evidence to be used in any pending case. A hearing shall be held before a judge of the El Paso municipal court. A judge shall, as soon as practicable, hear the matter, after giving reasonable notice to the AHJ and the person whose explosives, explosive materials and/or fireworks have been removed or impounded. The AHJ and the person whose explosives, explosive materials and/or fireworks have been removed or impounded shall each have the opportunity to present evidence and make argument on their behalf. The formal rules of evidence do not apply to a hearing under this section.
The judge hearing the case shall make his or her ruling on the basis of a preponderance of the evidence presented at the hearing. If the judge finds that the explosives, explosive materials and/or fireworks were lawfully seized and that, at the time of the hearing, the explosives, explosive materials and/or fireworks constitute materials or other items that cannot be lawfully possessed, stored, handled or used in the jurisdictional limits of the City, the judge shall grant the motion, The decision of the judge is final.
(Ord. No. 019521, § 1, 7-5-2023)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT9HESA_CH9.52FIPRCO_9.52.130.5SE5601.7.1DIEXEXMAFIADFetched: 10/28/2026