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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: Pat Tinley
MEETING DATE: December 14, 2009
OFFICE: County Judge
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to address possibility of
prohibiting the sale or use of restricted fireworks (i.e.: "skyrockets with sticks" and
"missiles with fins") in any portion of the unincorporated area of Kerr County pursuant to
Local Government Code § 352.051 for the December fireworks season.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Judge Tinley
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:
5:00 PM previous Tuesday
@ .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.
.~ . ,,,~
V.T.C.A., Local Government Code ~ 352.051
§ 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 ;~75 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 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) Apri125 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 maybe provided by the county, a municipality
within the county, or an individual, business, or corporation. A safe area maybe
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.
CREDIT(S)
Added by Acts 1991 72nd Leg,., ch. 865, ~ 1, eff. Sept. 1,1991. Amended by Acts 1995,
74th Leg., ch. 500, ~ 1, eff. Aug. 28,1995; Acts 1997 75th Leg,., ch. 1399, ~ 1, eff. Sept. 1,
1997; Acts 1999, 76th Leg. ch. 1244 ~$1 to 3, eff. Sept. 1, 1999. Renumbered from ~
240.904 by Acts 2001 77th Leg. ch. 1420, ~ 12.004, eff. Sept. 1, 2001. Acts 2007, 80th Lei.,
ch.. 1179, $ 7, eff. Tune 15, 2007.
STATE OF TEXAS §
COUNTY OF KERB §
ORDER PROHIBITING CERTAIN FIREWORKS
IN UNINCORPORATED AREAS OF KERR COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in
Kerr County; and
WHEREAS, on the 14th day of December, 2009, the Commissioners' Court of Kerr
County has determined that the normal danger of fire in the unincorporated areas of Kerr
County is greatly enhanced by the extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners' Court of Kerr County adopts this Order
prohibiting the sale or use of restricted fireworks in the unincorporated areas of Kerr
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
Kerr 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.000.CODE, Chapter
2154).
C. 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 14TH DAY OF DECEMBER, 2009, BY THE KERB COUNTY
COMMISSIONERS' COURT.
COUNTY JUDGE
Attest:
STATE OF TEXAS §
COUNTY OF KERB §
ORDER PROHIBITING CERTAIN FIREWORKS
IN UNINCORPORATED AREAS OF KERB COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in
Kerr County; and
WHEREAS, on the 14th day of December, 2009, the Commissioners' Court of Kerr
County has determined that the normal danger of fire in the unincorporated areas of Kerr
County is greatly enhanced by the extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners' Court of Kerr County adopts this Order
prohibiting the sale or use of restricted fireworks in the unincorporated areas of Kerr
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
Kerr 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.000.CODE, Chapter
2154).
C. 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 14TH DAY OF DECEMBER, 2009, BY THE KERB COUNTY
COMMISSIONERS' COURT.
COUNTY JUDGE
Attest: