ORDER N0.31330
BAN ON RESTRICTED FIREWORKS
Came to be heard this the 8th day of June, 2009, with a motion made by Commissioner
Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of
4-0-0 to:
Approve prohibiting the sale or use of restricted fireworks (skyrockets with sticks and
missiles with fins) in any portion of the unincorporated area of Kerr County for the July
4th weekend.
~~ ~ ~ 3/33 ~
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: Commissioner Williams OFFICE: County Commissioner
MEETING DATE: June 8, 2009 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action to adopt and order, based on
the burn ban status, 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.
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: 5:00 PM previous Tuesday
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.
May 18, 2009
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 June
15, of each year for the Fourth of July fireworks season. The Texas Forest Service has
determined that drought conditions exist in certain areas of the state. The Texas Forest
Service may declare drought conditions in other 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
(512) 4'78-3753 • (800) 456-5914 • (:112) 475-0519 F.~~ • www.count}'.org • L210 San Antonio, Austin, TX 18701 • P.O. Box 2131, Austin, T~ 787623-2]31
Karen Ann Norris, Executive Dzrectar
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,
/~~~ ~L~L.--''f
Robert L. Lemens
General Counsel
Enclosures (3)
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 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 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 may be 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, $1, eff. Sept. 1,
199?; Acts 1999, 76th Leg., ch. 1244, ~& 1 to 3, eff. Sept. 1, 1999. Renumbered from ~
240.904 by Acts 2001, 77th Leg., ch. 1420, & 12.004, eff. Sept. 1, 2001. Acts 2007, 80th Lei.,
ch. 1179, § 7, eff. Tune 15, 2007.
STATE OF TEXAS ~
COUNTY OF ~
ORDER PROHIBITING CERTAIN FIREWORKS
IN UNINCORPORATED AREAS OF COUNTY, TEXAS
WHEREAS, the Texas Forest Service has determined that drought conditions exist in
County; and
WHEREAS, on the of , 2009, the Commissioners Court of
County has determined that the normal danger of fire in the unincorporated .:areas of
County is greatly enhanced by the extremely dry conditions now existing;
NOW, THEREFORE, the Commissioners Court of County adopts this Order
prohibiting the sale or use of restricted fireworks in the uninca~porated areas of
County.
A. No person may sell, detonate,~.i~~~ife; ~~r in 'any way ust~ fireworks classified
under 49 C.F.R. part. 173.100(r)(~) (1i1-1-~6_ edition), as "skyrockets with sticks"
and "missiles with fins" in and ~orli~~n ~~tt~~e unincorporated area of
County.
B. This Order does not prohibiE:
1. common fireworks, sm ~~ 1 I i n site classified as Class C explosives;
2. large fzi r~~~orkss ~i~~4ic~5 designed primarily to produce visible or audible
`$~ effects by c~i»busfic~ii, deflagration, or detonation and classified as Class
~'p~ B explosi v ~~ by the°U.S. Dept. of Trans. [TEx. OCC. CODE, Chapter 2154].
ti
~•~i
C. ~~p~so~i el~nits~an offense if the person knowingly or intentionally violates a
prohibition cs~ablished by this Order. An offense under this order is a Class C.
Misd~me~~~,~iT:
APPROVED THIS THE DAY OF 2009, BY THE
COUNTY COMMISSIONERS COURT.
COUNTY JUDGE
Attest:
STATE OF TEXAS §
COUNTY OF §
ORDER PROHIBITING CERTAIN FIREWORKS
IN SPECIFIED AREAS OF COUNTY, TEXAS
WHEREAS, on the of , 2009, the Commissioners=~~urt of
County has determined that conditions on certain uncultivated eage i _ the county are
extremely hazardous for the danger of fire because of high gr~ -;, dry v _- -ration;
NOW, THEREFORE, the Commissioners Court of ~~ Counf~dc~pts t~~is-Order
prohibiting the sale or use of restricted fireworks i,l i:he following are = ~"
~: -
County:
I ;,
;_
D. No person may sell, detonate, r~; ri i te, : ~ ~ r i n any way ise fireworks classified
under 49 C.F.R. part. 173.100(r)(2) (I tl-1-t~6_ edition), as "skyrockets with sticks"
and "missiles with fins" in the specifit~i ~~re'a of County.
E. This Order does not prohibit: '
3. common fireworks, ~mall',~ir~ sire classified as Class C explosives;
4. larg~;f~~~ marks ~1t: ~~ i ccs ~Jesigned primarily to produce visible or audible
effects by 'cbn~l?ushun, deflagration, or detonation and classified as Class
S V B explosi~ e- ~y tIic~ U.S. Dept. of Trans. [TEx. OCC. CODE, Chapter 2154].
Y
F
F. '~ ~. E,t rs }r-;„c~om m i is ~~rl offense if the person knowingly or intentionally violates a
-~•~,Y~;;-~
p~'ri~~t~~n.'~5k<~bl}shed by this Order. An offense under this order is a Class C.
Misdemeai~ c ~ r'
~r.. -
~.
APPROVED THIS THE DAY OF 2009, BY THE
COUNTY COMMISSIONERS COURT.
COUNTY JUDGE
Attest:
#31330
STATE OF TEXAS §
COUNTY OF KERR §
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 8t" day of June, 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 8TH DAY OF JUNE, 2009, BY THE KERR COUNTY
COMMISSIONERS' COURT.
~u~ %e~.. ~ ~~, DGE
Attest: ~_ ,~~Oa~ ~ _ %Vl~(Y~, A.~. /~o ~._ . _
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