ORDER NO. 30059
BAN OF AERIAL FIREWORKS
Came to be heard this the 11th day of December, 2006, with a motion made
by Commissioner Letz, seconded by Commissioner Nicholson. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Order prohibiting fireworks, as outlined in the attached Order,
in Kerr County for the December and January, 2006/07 Statutory Sales and
Holiday period.
34 pj9
~~ ~ ~ COMMISSIONERS' COURT AGENDA REOUEST
MADE BY: Jonathan Letz OFFICE: Commissioner, Pct. 3
MEETING DATE: December 11, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to ban Aerial fireworks in Ken
County for the December and January 2006 Statutory Sales and Holiday period.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time For submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Govermnent Code, is as follows:
Meeting scheduted for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECENED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
TEXAS ASSOCIATION of COUNTIES
1210 San Antonio • Austin, TX 78701
P.U. 13ox 2131 • Austin, T~ 78768-2131
Sam D. Seale • Pxecutive Director
November 3, 2006
Re: Regulating Fireworks
Dear County Judges:
Local Government Code, § 352.051 authorizes the Commissioners Court to adopt an order
regulating certain fireworks in the unincorporated areas of the county under drought conditions.
The statute provides that the order must be adopted before December 15, 2006, of each
year for the December fireworks season. The Texas Forest Service has not yet determined that
drought conditions exist in the state. However, the Texas Forest Service may declare drought
conditions in many counties in the upcoming weeks. If your county is designated a drought area,
and your Court wishes to adopt such an order, action must be taken before the deadline.
To determine whether your county is designated a drought area, please visit the Texas
Interagency Coordination Center website at http://www.tamu.edu/ticc/ or call Tom Spencer of
the Texas Forest Service at 979/458-7331. The Texas Forest Service has developed new drought
web links to assist your county in monitoring drought conditions more closely.
If the Court decides to adopt an order, the order may prohibit or restrict the sale or use of
"restricted fireworks", which are defined as "skyrockets with sticks" and "missiles with fins', as
stated in 49 Code of Federal Regulations, § 173.100(r)(2). A violation of the order is a Class C
misdemeanor. Also, citizens can file suit for an injunction to prevent a violation of the order.
Any order issued by your Court will expire when the Texas Forest Service determines that your
county is no longer in a drought condition.
Under Local Government Code § 352.051(fl, the county may also designate one or more "safe"
areas vv~here the use of restricted fireworks is not prohibited. In my opinion, the county may also
designate a specific date or dates on which fireworks are permitted in the "safe" areas.
We are enclosing a copy of Local Government Code § 352.051 and a sample prohibitory order
for your convenience. If your Court decides to designate "safe" areas, the order will need to be
modified to include appropriate language. If you have any questions, please contact the Legal
Department toll-free at 888-275-8224.
Sincerely,
Robert L. Lemens
General Counsel
Enclosures (2)
512-478-8753 800-456-5974 512-478-0519 FAX
#30059
STATE OF TEXAS §
COUNTY OF xeRR §
ORDER PROHIBITING CERTAIN FIREWORKS
IN UN[NCORPORATED AREAS OF xERR COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in xerr County;
and
WHEREAS, on the 11th of December, ?006, the Commissioners Court of Kerr County has
determined that the normal danger of fire in the unincorporated areas of xerr County is greatly
enhanced by the extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners Court of xerr County adopts this Order prohibiting the
sale or use of restricted fireworks in the unincorporated areas of xerr County.
A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part.
173.100(r)(2) (10-1-86 edition), as "skyrockets with sticks" and "missiles with fins" in any
portion of the unincorporated area of xerr County.
B. This Order does not prohibit:
common fireworks, small in size classified as Class C explosives;
2. large fireworks devices designed primarily to produce visible or audible effects by
combustion, deflagration, or detonation and classified as Class B explosive by the U.S.
Dept. of Trans. [TeX. Oce. CODS, Chapter 2154].
G A person commits an offense if the person knowingly or intentionally violates a prohibition
established by this Order. An offense under this order is a Class C Misdemeanor.
APPROVED THIS THE 11th DAY OF nECeMSER, ?006, BY THE xF:RS COUNTY
COMMISSIONERS COURT.
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TEXAS LOCAL GOVERNMENT CODE
SUBCHAPTER C FIREWORKS
Sec. 352.051. REGULATION OF RESTRICTED FIREWORKS.
(a) For the purposes of this section the following definitions shall apply:
(1) "Restricted fireworks" means only those items classified under 49 C.F.R. Sec. 173.100(r)(2)
(10-1-86 edition), as "skyrockets with sticks" and "missiles with fins".
(2) "Drought conditions" shall mean the existence immediately preceding or during the
fireworks season of a long-term deficit of moisture creating atypically severe conditions with
increased wildfire occurrence as defined by the Texas Forest Service through the use of the
Keetch-Byram Drought Index, or when such index is not available, through a comparable
measurement which takes into consideration the burning index, spread component, or ignition
component for that particular area.
(b)(1) The Texas Forest Service in the ordinary course of its activities shall determine whether
drought conditions, as defined under Subsection (a)(2), exist in all or part of any county
requesting such determination. The Texas Forest Service shall make available the measurement
index guidelines that determine whether a particular area is in drought condition. Following any
determination that such drought conditions exist, the Texas Forest Service shall notify said
county or counties when such drought conditions no longer exist.
(2) The Texas Forest Service shall be allowed to take such donations of equipment or funds as
necessary to aid in the cazrying out of this section.
(c) Upon a determination under this section that drought conditions exist within all or part of a
specified county, the commissioners court of such county by order may prohibit or restrict the
sale or use of restricted fireworks in all or a portion of the unincorporated area of the county
where drought conditions have been determined to exist. In addition, during the December
fireworks season, the commissioners court of a county by order may restrict or prohibit the sale
or use of restricted fireworks in specified areas when conditions on rural acreage in the county
not under cultivation for a period of at least 12 months are determined to be extremely hazardous
for the danger of fire because of high grass or dry vegetation.
(d) To facilitate compliance with an order adopted under Subsection (c), the order must be
adopted before:
(1) June 15 of each year for the Fourth of July fireworks season; and
(2) December 15 of each year for each December fireworks season.
(e) An order issued under this section shall expire upon determination as provided under
Subsection (b) that such drought conditions no longer exist.
(f) The county may designate one or more areas of appropriate size and accessibility in the
county as safe areas where the use of restricted fireworks is not prohibited. The safe area may be
provided by the county, a municipality within the county, or an individual, business, or
corporation. A safe azea may be designated in and provided in the geographic area of the
regulatory jurisdiction of a municipality if the activity conducted in the safe area is authorized by
general law or a municipal regulation or ordinance. An azea is considered safe if adequate public
safety and fire protection services are provided to the area. A county, municipality, individual,
business, or corporation is not liable for injuries or damages resulting from the designation,
maintenance, or use of the safe area.
(g) A person selling any type of fireworks, including restricted fireworks, in a county that has
adopted an order under Subsection (c) shall, at every location at which the person sells fireworks
in the county, provide reasonable notice of the order and reasonable notice of any location
designated under Subsection (f) as a safe azea.
(h) An affected party is entitled to injunctive relief to prevent the violation or threatened
violation of a requirement or prohibition established by an order adopted under this section.
(i) A person commits an offense if the person knowingly or intentionally violates a prohibition
established by an order issued under this section. An offense under this subsection is a Class C
misdemeanor.
Legislative History
Leg.H. Stats. 1995 74th Leg. Sess. Ch. 500, Stats. 1997 75th Leg. Sess. Ch. 1399, effective September
1, 1997; Stats. 1999 76th Leg. Sess. Ch. 1244, effective September 1, 1999; Stats. 2001 77th Leg. Sess.
Ch. 1420, effective September 1, 2001 (renumbered from Sec. 240.904).