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HomeMy Public PortalAboutPKT-CC-2017-07-18City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Memorandum To: Councilmembers and Media From: Mayor David L. Sakrison Date: 7/14/2017 Re: Special City Council Meeting Mayor: Council: David L. Sakrison Kyle Bailey Rani Derasary Heila Ershadi Kalen Jones Tawny Knuteson-Boyd The City of Moab will hold a Special Moab City Council Meeting on Tuesday, July 18, 2017 at 12:00 PM. The purpose of this meeting will be: 1-1 Consideration and possible approval of An Ordinance Imposing a temporary ban on the discharge of certain types of fireworks within City limits. The meeting will begin in the Council Chambers at th City Center, 17 East tenter treet, Moab, Utah. roe - Mayor David L. Sakrison In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorders Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. First EPA Green Power Community in the Nation ORDINANCE #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 eworks, even after the Fourth of July holiday, and will see continued use for the upcoming P. -er Day. d. Historically, the City has had problems with fires sta . dangerous fires in overgrown and riparian areas within the City. e. Areas surrounding the City have imposed ce conditions and enhanced risk of fire danger. Manti-La implemented Stage I fire restrictions on the Ranger District beginning on July 12`h at 12: significantly. The Stage I restrictions • hibit campgrounds with approved grat briquets and other fire devices in an enclosed vehicle or buildi prohibiting open fires, s in the unincorporated restrictions due to the extreme dry onal Forest's fire managers have 1 Forest, Moab and Monticello t g until conditions improve ires o tside designated Forest Service res installed. Open fires includes charcoal n/off switch. Smoking will be allowed only has similarly enacted a fire restriction rs, and the discharge of fireworks, effective June 30, 2017 f. The City has d- . • fined t due to extreme dry conditions and the enhanced risk of fire danger throughout the Cit e ' needs to impose a temporary ban on the discharge of certain fireworks throughout the Cit its. 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: 1 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 ' limits include those that fly, explode (report), or travel more than six (6) feet • _round. Prohibited fireworks include display fireworks, defined in § 53-7- : ), . • . Display fireworks includes aerial shells, salutes, roman candl ash shells, ets, mortars, firecrackers, bottle rockets, aerial rocke r similar plosives. Section 3. Temporary Ban on the DischarProhibited Fireworks. It is unlawful for any person to disch.,. �'bi�Ced firework within the Moab City limits commencing on • ntinu g through or until the ban is lifted by the Moab Section 4. Effective This Ordinanc Section 5. mediately upon enactment. Any person violating 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 2