New Resolution 2018-12 Firework Restriction

RESOLUTION #2018-12

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF CHARLESTON, UTAH, PROHIBITING THE USE OF AN IGNITION SOURCE INCLUDING FIREWORKS, LIGHTERS AND MATCHES IN CERTAIN AREAS.

WHEREAS, the danger of fire in wildland urban interface areas is expected to be high in and around the Town of Charleston through the 2018 wildland fire season; and

WHEREAS, certain wildland urban interface areas within the Town have limited access for fire suppression access and efforts; and

WHEREAS, prohibition of personal fireworks in areas around the Town’s July 24th Fireworks display during said display have posed a risk to persons and property for two or more of the last five years; and

WHEREAS, the Fire Code Official for the Town of Charleston has determined that hazardous conditions necessitate controlled use of fireworks, lighters, and matches, and any ignition sources in wildland urban interface areas, and in limited areas outside the hazardous areas described in Utah Code Annotated§ 15A-5-202.5 within the Town of Charleston; and

WHEREAS, Utah Code Annotated§ 15A-5-202.5 allows the legislative body of a municipality within which the hazardous environmental conditions exist to prohibit the ignition or use of an ignition source in a wildland urban interface areas and in limited areas outside the hazardous areas described therein.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF CHARLESTON TOWN, UTAH:

SECTION 1. Definitions. As used in this Resolution:

“Fireworks” or “Pyrotechnic Device” means any item or device, which produces noise, smoke, shower of sparks or movement by combustion or explosive materials including all classes of fireworks.

SECTION 2. Prohibited Acts. The use/discharge of any firework or pyrotechnic device, including any and all ignition source, is prohibited by the Town from 4:00 pm until 11:59 pm on July 24th, 2018 within the following area (also see Attachment “A” Prohibition Map):

• Northerly Border: 3300 South
• Easterly Border: 3400 West
• Southerly Border: 3600 South
• Westerly Border: Deer Creek Reservoir

SECTION 3. Exceptions. The Pyrotechnics Company under contract with the Town to provide the Official July 24th Fireworks display.

SECTION 4. Severability. If any section, part or provision of this Resolution is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portions of this Resolution and all sections, parts, provisions and words of this Resolution shall be severable.

SECTION 5. Violations. Any performance of the prohibited acts as listed herein without being otherwise authorized by the Town shall be prosecuted to the full extent of the law.

SECTION 6. Effective Date.
upon passage.

This Resolution shall become effective immediately

[SIGNATURE PAGE FOLLOWS]

APPROVED BY THE TOWN COUNCIL OF THE TOWN OF CHARLESTON,
UTAH,
ON THIS 5TH DAY OF JULY , 2018 BY THE FOLLOWING
VOTE:

YES NO ABSENT

Council Member Brent Broadhead ________ _______ __________

Council Member Vaughn Rasband ________ _______ __________

Council Member Darrell Nish ________ _______ __________

Council Member Michael Smith ________ _______ __________

Mayor Brenda Kozlowski ________ _______ __________

By: ____________________________
Mayor – Brenda Kozlowski
Attest: __________________________
Town Clerk-Arlene Buehler

Seal:

Approved as to form:
_____________________________
Town Attorney

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