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SB19-019

County Fireworks Restrictions July 4th

Concerning the power of a county to restrict the use of fireworks during the period between May 31 and July 5 of any year.
Session:
2019 Regular Session
Subject:
Local Government
Bill Summary

Wildfire Matters Review Committee. Under current law, a county may prohibit or restrict by ordinance the sale, use, and possession of fireworks, including permissible fireworks (fireworks restrictions), for a period that does not exceed one year in length within all or any part of the unincorporated areas of the county; except that such an ordinance shall not be in effect between May 31 and July 5 of any year unless the ordinance includes an express finding of high fire danger, based on competent evidence. The bill specifies that such an ordinance is in effect for the period between May 31 and July 5 of any year only if the county adopts by resolution such fireworks restrictions for such period, which resolution includes an express finding of high fire danger, based on competent evidence.

However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the bill requires the county to endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. The ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.

The bill also adds as a source of "competent evidence" justifying a finding of high fire danger predictions of future fire danger such as those issued by the national interragency coordination center or any successor entity as well as localized evidence of low fuel moisture content.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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