HomeMy Public PortalAboutORD-CC-2017-31ORDINANCE #2017-31
AN ORDINANCE IMPOSING A TEMPORARY BAN ON THE DISCHARGE OF
CERTAIN TYPES OF FIREWORKS WITHIN CITY LIMITS
The following findings describe the intent and purpose of this ordinance:
a. Section 15A-5-202.5 and 53-7-225 of the Utah Code provides that a municipal legislative
body may prohibit ignition or use of ignition sources, including fireworks, in fire risk areas of the
City, or when climactic conditions present a risk of fire.
b. The City has serious concerns of the safety and welfare of its residents and visitors.
c. The City finds that its residents have continued the use of fireworks, even after the Fourth
of July holiday, and will see continued use for the upcoming Pioneer Day.
d. Historically, the City has had problems with fireworks starting dangerous fires in
overgrown and riparian areas within the City.
e. Areas surrounding the City have imposed certain fire restrictions due to the extreme dry
conditions and enhanced risk of fire danger. Manti-La National Forest's fire managers have
implemented Stage I fire restrictions on the Manti-La National Forest, Moab and Monticello
Ranger District beginning on July 12th at 12:01 a.m. and lasting until conditions improve
significantly. The Stage I restrictions prohibit open fires outside designated Forest Service
campgrounds with approved grate and grill structures installed. Open fires includes charcoal
briquets and other fire devices that do not have an on/off switch. Smoking will be allowed only
in an enclosed vehicle or building. Grand County has similarly enacted a fire restriction
prohibiting open fires, smoking outdoors, and the discharge of fireworks, effective June 30, 2017
in the unincorporated areas of Grand County.
f. The City has determined that due to extreme dry conditions and the enhanced risk of fire
danger throughout the City, the City needs to impose a temporary ban on the discharge of certain
fireworks throughout the City limits.
g. The City has determined the discharge of aerial and/or explosive fireworks would be
careless and negligent.
BE IT ENACTED by the Moab City Municipal Council as follows:
Section 1. Purpose
The purpose of this Ordinance is to impose a temporary ban on the discharge of certain
fireworks, throughout the entire limits of the City of Moab pursuant to Section 15A-5-205.5 and
53-7-225. The provisions and prohibitions enacted are in pursuance of and for the purpose of
securing and promoting the public health and general welfare of persons in Moab in their use of
fireworks in Moab as to:
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A. Provide for safety and to prevent fire hazards;
B. Eliminate damage to property, animals, humans, as may be
exacerbated by the use of fireworks;
C. Reduce the need to expend taxpayer funds to contain fires that could
be ignited by the use of fireworks; and
D. Reduce exposure of Moab residents and visitors to personal injury
and property damage.
Section 2. Definitions.
1. Prohibited fireworks. Fireworks not allowed in City limits include those that fly,
explode (report), or travel more than six (6) feet off the ground. Prohibited fireworks
include display fireworks, defined in § 53-7-202(8), U.C.A. Display fireworks
includes aerial shells, salutes, roman candles, flash shells, comets, mortars,
firecrackers, bottle rockets, aerial rockets, and other similar explosives.
Section 3. Temporary Ban on the Discharge of Prohibited Fireworks.
It is unlawful for any person to discharge any prohibited firework within the Moab City
limits commencing on and continuing through or
until the ban is lifted by the Moab City Council.
Section 4. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Section 5. Penalties.
Any person violating this Ordinance by discharging prohibited fireworks of any kind
shall be guilty of a Class B Misdemeanor and subject to the penalties therein. The Moab City
Police Department shall have the authority to enforce this Ordinance.
PASSED, APPROVED AND ADOPTED by the City of Moab City Council on this
day of , 2017.
SIGNED: ATTEST
David L. Sakrison, Mayor Rachel Stenta, Recorder
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