Travis County Commissioners Court
Tuesday, December 14, 2010,
Item 5
Number 5 is consider and take appropriate action regarding the prohibition of the sale or use of restricted fireworks in the unincorporated areas of Travis County.
>> thanks you, judge.
here with me today are chester Davis, owner of american fireworks and president of Texas pryotechnic association, and mr. Danny howe, executive manager for emergency service.
the drought index has to be at 575 before that action is taken and today would have been the last day to take that action prior to the selling season.
the season starts next Monday for the retail sale of fireworks.
the drought index is not to the point that we can recommend to the court to take that action, but mr. Davis would like to address the court regarding those items.
>> judge, Commissioners, thank you.
I -- I -- herschel came by, we talked about the situation in Travis County, so I called several companies, the big players in Travis County, which was mr. W, big tex, monster fireworks and american fireworks, and we agreed at that point in time voluntarily not to sell stick rockets and missiles and we're going to do that in hays, Williamson, bastrop and bell county.
and working on guadalupe county.
but we're not going to sell them, not going to put them in the stands.
we've been working on that.
they've never been in my orders anyway, so they won't be in my stands and we're not going to sell them in the stores.
we're also going to police all stands.
so all my route runners will go out, and different what I’ve done in the past, I’ve kind of concentrated on my business, but now we're going to concentrate on everybody's business.
so if there's a stand out there, we're going to stop and find out if they are or not, and if they are, then I will see them personally to get them to take the items out of the stand and not to sell them.
and herschel has been very good about, very professional about helping me, keeping me posted on things that we need to be keeping our eye on.
because the one thing I don't want to do is tell you something and then it be different than that, but I think because of the way I approached the conference call and put everybody on the spot individually, that they would do certain things, I think I have a better handle on it, and I really think that we will get them out of the stores, get them out of the stands and we won't sell them in Travis County at all or the surrounding counties.
>> are the other Commissioners courts in the other counties that you mentioned as far as folks you are talking to, do they have a similar item on the agenda at least so it will be consistency or uniformity as far as the prohibition of the sale of these particular fireworks?
>> Commissioner Davis, yes, sir, that is true.
I have e-mailed and talked by phone and e-mailed each fire marshal and esd director.
all of them are aware and have in writing which companies were involved and what our plan and strategy is and how we intend to handle it because the main thing to me was it was one thing to do Travis County, but if you don't stop them in the surrounding counties, they can go next door because Williamson and caldwell county.
but we have a very good grip on it.
we really do.
>> I’m so appreciative of your efforts.
you've done this two years?
>> seems like five.
>> I know you did it last year.
>> for several years now.
>> it's model corporate citizenry.
I want to applaud you for that and I wanted to ask you, we really do have a good group, as you say.
I have heard in sitting in with the conference of urban counties other counties don't have as good of a group.
I’m wondering if our group?
the central Texas region welcome back willing to use this as a model.
the fireworks retailers in favor of the ban, that could go ahead and declare a ban on those types of fireworks even if we're under the 575 average.
>> [one moment, please, for change in captioners]
>> I told him even though I could not get them all on the phone because we're all scattered throughout Texas working, I will call each one again and architect actively ask them not to do it, not to put them in the stands,, not to put them in the stores and I think we'll be effective all the way down from comal through guadalupe.
>> I appreciate your public service and I look forward to continuing to work with you to see how we can export your model to the rest of the state.
>> yes, ma'am.
>> let me ask one question.
I think the state is getting ready to -- it appears it will be getting ready to grab on to a significant drought, and it's not just this region.
it's spread out to the state as an entire drought environment.
my question I guess to those persons who would like to deal with stick rockets and missiles in lieu of what we're attempting to do here today to prohibit that by not allowing it to be sold, the question I guess is what is the violation of penalty if a person or persons decides to violate or use these particular prohibited fireworks after we initially have said no, you can't?
and I guess what is the penalty of violation on that action by a person that -- can someone give an an answer on that?
>> when that order is in place, a person that uses, sells or possesses could be charged with a class c misdemeanor.
in effect it would have the same weight as a traffic citation.
>> traffic saytation.
>> but under the voluntary ban there is no teeth, correct?
>> that is correct.
>> that is, there is no teeth?
there are no teeth, I’m sorry.
>> so it's -- well, let me understand what you're saying.
>> good point, Commissioner Davis.
>> Commissioner Davis also pointed out that if someone recklessly starts a fire and damages the property of another, that is a separate charge, separate from the fact that either the possession or the use of the firework.
if they do it in a reckless manner that could be proven, they could be responsible for anything, any fire that they start or damage they cause.
>> okay.
>> other than accepting the offer of mr. Davis and his colleagues, what action is the court asked to take today?
>> that is it, accepting that offer.
>> thank y'all very much.
we accept.
>> thank you very much, judge and Commissioners.
>> that's a second.
>> second on that, judge?
>> no, sir.
>> don't need one.
okey-doke.
thank you.
The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.
Last Modified:
Tuesday, December 14, 2010 2:33 PM
