Taylor County commissioners' statement on firework sales
Taylor County Judge Downing Bolls released the following statement on firework sales Thursday:
FIREWORKS, WILDFIRES, AND THE FOURTH OF JULY: WHY THE COMMISSIONER'S COURT DID WHAT IT DID
As the celebration of Independence Day nears, so too does the annual debate about banning all fireworks in the County. This year will be no exception.
For the record, the Taylor County Commissioner's Court has already made its decision regarding the sale and use of fireworks this July 4th. By a vote of four-to-one the Court opted to impose what few restrictions it had available to it short of banning the sale and use of fireworks altogether in the county.
That has prompted some calls. So, why did the commissioner's make that decision? As the presiding officer of the Court I will try to explain.
First, such a decision doesn't happen arbitrarily. The Court turns to a number of resources to help it make those decisions, including local firefighters, the Texas Forest Service, and fireworks retailers. Texas Government Code Section 551.007 even gives you - the private citizen - a chance to come to the meetings and comment about items on our agenda.
This item was on the Court's June 7, 2022 agenda, but no one came to address it.
The issue before the Court was whether to restrict fireworks sales and use for the Fourth of July. By statute, the Court must decide this before June the 15 th so that retailers can make plans. Two things have to be in place for such a ban to be in place:
(1) the county has to be under "drought conditions", and if it is, the only fireworks the Court can restrict are "skyrockets on sticks" and "missiles with fins".
Chapter 352, Subchapter C. of the Texas Local Government Code defines "drought conditions" as "the existence of an average Keech-Byrum Drought Index (KBDI) reading of 575 or greater immediately preceding or during the fireworks season". If drought conditions exist, the county can restrict the sale and use of "skyrockets on sticks" and "missiles with fins" and that's all. On June 7th, Taylor County's KBDI was 564: not 575. It didn't hit 575 until June 12th. The order restricting those fireworks was signed on June 13th.
At that June 7th meeting, there was some discussion about banning all fireworks, but being that fireworks are a major part of the annual celebration of freedom and American Independence; and that fireworks do constitute a "business" and the sale of its merchandise raises money for sending local kids to camp each summer, purchase band uniforms, and other such worthwhile enterprises, there were also concerns about heavy-handed government overreach.
Some counties in Texas have chosen to impose a total ban on the sale and use of all fireworks by declaring a disaster. Some are asking why Taylor County has not. To declare a disaster, you have to have a disaster, which is defined as the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire .
The last time Taylor County declared a disaster was last month during the Mesquite Heat Fire. The last time the County used a local disaster declaration to ban fireworks was in 2011.
On June 24th , the fireworks stands — private commercial businesses - opened for business pursuant to the applicable laws without further governmental interference.
Nothing in this release should be construed as an effort to minimize the risks. We all have seen the images of the Mesquite Heat Fire and the fires that decimated parts of Eastland County earlier this year. There are restrictions in place to help address concerns the public may have regarding fire, including:
► The imposition of a 90-day burn ban in Taylor County through August 8th ,
► The county has restricted the sale and use of certain aerial fireworks;
► The County does not allow the setting off of fireworks in the right of way or along county roads.
► If planing to shoot fireworks on someone's private property, you must have the property owner's permission.
► You must have a source of water nearby when using fireworks.
► If you cause a fire through the misuse of fireworks, or any fire for that matter, you can be held liable for any damage that fire does.
So, use some common sense. Follow all local laws and regulations. Use fireworks safely and appropriately. And if you do them, do them on your own property, not someone else's. It boils down to personal responsibility and respect for your own property as well as the property of others. Have a safety and sane July 4th.
This article originally appeared on Abilene Reporter-News: Taylor County commissioners' statement on firework sales
