Travis County Commissioners Court
June 17, 2008
Item 2
Number 2 is to consider and take appropriate action on an order prohibiting outdoor burning in the unincorporated areas of Travis County. We may just want to touch on fireworks since we have gotten a few e-mails about them.
>> good morning, Commissioners. My name is pete baldwin, I'm the emergency management coordinator with Travis County. First and foremost we recommend no action be taken on the burn ban, leave it in place. We were still very much dry and appears that this weather pattern which is much like what we get into July and August with a high pressure sitting right over the top of us is going to continue for some time now. We don't see anything out in the long term forecast to give us much hope. On to fireworks. We have had conversations with -- with some of the pyrotecnic industry. We will have a conference today at 10:00 on the industry, to not only come to an agreement to pull all stick rockets and missiles with fins, but also discuss other options for other firework entities. I'm not sure what all that would include, but there is a conference call being conducted this morning. Which means that within the central Texas region for sure, that -- that we will have all of the stick rockets and missiles with fins, which is all that we would be allowed to deal with fireworks, pulled from the stands. They would not be available. And like I said, we will ask discussion on other items, they are even discussing the length of time of which they may stay open.
>> you mentioned this region. As far as those particular fireworks being prohibited. Can you tell me the region itself? In other words, there are persons that still may go into other areas and purchase those items, of course they will bring them back. Nothing to prevent that.
>> it really depends on if the pyr otechnic association agrees to pull those from all of their stands, they will not be available.
>> not available period.
>> right.
>> not only for this region, the entire region -- take them off the shelf in other words.
>> if that does occur, it would be our intent to -- to get with the -- surrounding counties in the Texas forest service and to hold a press conference and not only thank the pyro technic association for voluntarily agreeing to this but also take that opportunity to promote fire safety and outdoor burning bans.
>> so we would have the authority to -- to -- in the sale or use of stick rockets and missiles with fins but no other fireworks?
>> no other fireworks, no, sir. That's all that -- that 352 allows a county to deal with.
>> so bylaw we can deal with these because they are flying fireworks basically?
>> yes, sir, they actually leave the person's hand. But then there are a number of other fireworks that actually leave the person's control that we are not allowed to prohibit.
>> what section is that, 352?
>> that is 352.051.
>> local fire code.
>> yes.
>> fireworks are banned in the city of Austin, period. The problem is there is an enforcement issue. Because I live in the city, during the holiday periods you can hear them going off.
>> yeah.
>> but it's hard to figure out exactly where they're coming from. Even if you report them, enforcement really is a problem. But for those that live in the city, who hear these fireworks, I mean, I guess you all report it anyway -- you ought to report it anyway, right?
>> I'm sure the city will make announcement in that. In years past they have set up a fireworks hotline. Then I think they have gone to calling 311 because like I said the enforcement is the real issue there. They just do not have enough officers to enforce every violation that goes on. I don't know of anybody that lives within the jurisdiction of the city of Austin that doesn't hear fireworks on July 4th and new year's.
>> sure.
>> by taking no action, we leave in place the outdoor burn ban.
>> yes, sir. I did want to re-emphasize one issue, though. A lot of times we get phone calls where people are very concerned that we don't just ban the sale of fireworks, especially this time of year. It's a public education process to -- to get them to understand that bylaw the county is only allowed to prohibit the sale and use of two particular fireworks. We don't have the authority to -- to touch anything else. Now the city's themselves have the authority to outright ban the sales and use within their jurisdictional boundaries, but it's been a real educational problem as we urbanize more and more, they are expecting more and more protection, I guess.
>> uh-huh.
>> okay. Brad beecham, Travis County fire marshal's office. Judge, if I could, just one point that is an ongoing issue, the mortar, sticks and fins, those can be restricted as mr. Baldwin said. The mortar tubes, two inch mortars that kick the small round two inch balls up in the air and break. Those are considered by the state a ground device. We cannot prohibit those. Those are the things that I think so many times people see and assume that they are rockets or assume that they are missiles. Those that come into the industry and probably the last 10 years are extremely popular. But since they are fired from a tube on the ground, the state has elected to view those as a ground device. So those are not under that statute that mr. Baldwin made reference to.
>> okay.
>> there is a great deal of action on this among the -- among the council of urban counties and the last two legislative sessions I think there have been attempts to -- to change the definitions. Is this something that we would like to add to our legislative agenda to join them in that?
>> probably ought to post that. Doesn't bother me. If we think it's dangerous.
>> as the commission said, there's been numerous efforts over the past couple of sessions, numerous bills. At one point in time there was one -- just a small number of very wide ranging bills. In the next session they decided they would break it up, file a number of bills to see if they could get something through. They have not been successful at all in getting it out of committee on anything providing the counties with additional authority to regulate fireworks.
>> refresh my memory. Were those mostly smaller counties than ours. I seem to recall it was counties with larger percentage of rural territory.
>> the last legislative session I've -- I met with hairs, tarrant county, bexar county, mclegal land county, I forgot who else, there was one or two others in there. Those were the ones that were really trying to push. At one point in time harris county tried to bracket a bill, it didn't go anywhere. Then they turned around and reached out to all of the other major urban counties and still no -- no success in getting any type of -- of legislation through.
>> what's the -- what's the stumbling block there?
>> I honestly believe that the pyrotechnic association has a very good lobby. It's very difficult to go against fireworks. It's a part of our tradition.
>> I honestly believe that's been a big issue.
>> some of these issues take several sessions to get anything done, I want give up. Maybe it's time for us to refine our strategy and make sure that we do something real specific. That all needs to be posted on the legislative item.
>> Commissioner Davis?
>> thank you, judge.
>> I guess before this
>> [indiscernible] continue to remind the viewers that may just be listening to us for the first time as far as our burn ban is concerned, is for you to give a telephone number if there is anything that's not clear about what was stated here today. Give a telephone number so folks will get a definite clear understanding as far as what's prohibited, what's not prohibited out there in the unincorporated area of Travis County.
>> okay. Brad, do you want to provide the fire marshal's number.
>> the main number is 845-4621. 854-4621.
>> thank you very much. 854-4621.
>> thank you.
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Last Modified:
Tuesday, June 17, 2008 2:31 PM