1,91 01 ) a 1, , COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Judge Pat Tinley OFFICE: County Judge MEETING DATE: June 14, 2010 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 4th of July holiday. 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: 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. Make sure any and all back up material is attached to this form. p sso r RIM -‘ w k o H • �. z * 31 * f cry CouN't - May 10, 2010 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 4 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, § 173.1O0(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. In addition, Commissioners Court is allowed, upon a determination made pursuant to Local Government Code §352.O51(c), to enter an order to prohibit or restrict the sale or (512) 478 -8753 • (800) 455-5974 • (512) 478 -0519 FAX • wwi¢countyorg • 1210 San Antonio, Austin, TX 78701 • P.O. Box 2131, Austin, IX 78768 -2131 Gene Terry, Executive Director 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. subsection is a Class C misdemeanor. 0) 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. 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 , 2010, 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 unincorporated areas of 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 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. 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 DAY OF 2010, BY THE COUNTY COMMISSIONERS COURT. COUNTY JUDGE Attest: