ORI~I;R NO. 30657
h i R F :WORKS BAN
Came to be t~c~~rd this the 10th clay of December, 2007, with a motion made by
Commissione~~ .etz, seconded by Commissioner Baldwin. The Court unanimously
approved by ~-c~~e of 3-0-0 to:
Adopt the m>ci~.a order prohibitin~~ the sale of and use of restricted fireworks,
including miss;; ~s with fins and i~ottie rockets with sticks, with the caveat that we
may suspend i~~:,C at our nex~ meeting if we so choose.
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3p~57
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Comm.Williams, Pct. 2
MEETING DATE: December 10, 2007
OFFICE: County Commissioner
TIME PREFERRED:
SUBJECT: Consider, discuss, and take appropriate action to adopt an order, based on the
burn ban status, prohibiting the sale or use of restricted fireworks (ie: "skyrockets with
sticks" and "missiles with fins") in any portion of the unincorporated area of Kerr
County.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Williams
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, Government Code, is as follows:
Meeting scheduled for Mondays
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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.
5:00 PM previous Tuesday
TEXAS ASSOCIATION of COUNTIES
1210 San Antonio • Austin, TX 78701 ~
j P.O. Box 2131 • Austin, TX 78768-2131
Karen Ann Norris, Executive Director
November 1, 2007
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, 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(f), the county may also designate one or more "safe"
areas where 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 (3)
512-478-8753 800-456-5974 • 512-478-0519 FAX www.county.org
$ 30657
s~~rATt~. OF TExas
COUNTY OF ~ ~ ~ ~~°' _
ORDER PROHIBITING CERTAIN FIREWORKS
fN UNINCORPORATED AREAS OF ~ ~ ~-~-~ ~ _ COUNTY, "hE:XAS
WHEREAS, the Texas Forest Service has determined Chat drought conditions exist in _ - ~~~>~~i~tY=
and
~ _ ,,
~ •.~
WHEREAS, on the ~~' of ~~~' ~ .2007, the Commissioners Court qf~~ __`_ ~_ County has
determined that the normal danger of fire in the unincorporated areas of ~..~- ~~' ~ County is greatly
enhanced by the extremely dry conditions now existing:
NOW, THEREI.ORE, the Commissioners Court of ~~~ ~~+~Z- Co ipts this Order prohibiting Che
sale or ust of restricted fireworks in the unincorporated areas of t, ` County.
A. No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R. part.
173.100(x)(2) (10-I-86 edition), as "skyrockets with sticks" and "missiles with tins" in any
portion of the unincorporated area of ~ '~ ~i~r'~--County.
B. "This Order does not prohibit:
1. 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. OCC. CovE, Chapter 2154].
C. A parson commits an offense if Che person knowingly or intentionally violates a prohibition
established by this Order. An offense under this order is a Class C. Misdemeanor.
,~~,
APPROVED THIS THE ~~-~' DAY OF ~-- - 2007, BY THE '~ ~ ~t' `- COON°TY
COMMISSIONERS COURT.
____~
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C'OL1N ~-~-.,,~
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TEXAS LOCAL GOVERNMENT CODE
Subchapter C Fireworks
§ 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" means the existence immediately preceding or during the fireworks
season of a Keetch-Byram Drought Index of 575 or greater.
(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 on average in any county
requesting such a determination. The Texas Forest Service shall make available the
measurement index guidelines used to determine whether drought conditions exist in a particular
area. 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. The Texas
Forest Service shall make its services available each day during the Fourth of July and December
fireworks seasons to respond to the request of any county for a determination whether drought
conditions exist on average in the county.
(2) The Texas Forest Service shall be allowed to take such donations of equipment or funds as
necessary to aid in the carrying out of this section.
(c) Upon a determination under this section that drought conditions exist on average in a
specified county, the commissioners court of the county by order may prohibit or restrict the sale
or use of restricted fireworks in the unincorporated area of the county. In addition, during the
December fireworks season, the corr-missioners 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) April 25 of each year for the Cinco de Mayo fireworks season;
(2) June 15 of each year for the Fourth of July fireworks season; and
(3) 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) When a county issues an order restricting or prohibiting the sale or use of restricted fireworks
under this section, 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,
and the legislature encourages a county to designate such an area for that purpose. The safe
area may be provided by the county, a municipality within the county, or an individual, business,
or corporation. A safe area 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 area 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 area.
(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.
(j) A civil action against a county based on the county's actions under this section must be
brought in the appropriate court in that county.