Action 10.
Regular Board of Supervisors Meeting
Board of Supervisors
- Meeting Date:
- 05/22/2012
- Title:
- Adopt Resolution to enact a temporary fireworks ban countywide
- Submitted By:
- Katie Howard, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Dave Fifer
TITLE
of PRESENTER:
of PRESENTER:
Civil Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Adopt Resolution 12-14 temporarily prohibiting the use of "Permissible Consumer Fireworks" in the unincorporated areas of Cochise County; and specifying criminal penalties and financial responsibility for the violation of this prohibition.
Background:
That recently there was a wildland fire burning School Canyon area, Cochise County Arizona; and
That there is a more than reasonable risk of additional wildfires at this time and for the foreseeable future, in Cochise County as a whole, due to extremely low moisture content of local vegetation, and other hot, dry and dangerous conditions; and
That A.R.S. § 36-1606 empowers the Cochise County Board of Supervisors to regulate the use of permissible consumer fireworks within the unincorporated areas of Cochise County whenever there is a reasonable risk of wildfires; and
That A.R.S. § 36-1608 makes it a class three misdemeanor, punishable by up to 30 days in Jail or up to a $500 fine plus an 84% surcharge, to violate a permissible consumer fireworks prohibition issued by a county board of supervisors; and
That A.R.S. § 13-1702 makes it a class one misdemeanor, punishable by up to 180 days in Jail or up to a $2,500 fine plus an 84% surcharge, to recklessly cause a fire or explosion which results in damage to an occupied structure, a structure, wildland or other property; and
That A.R.S. § 13-1709, makes a person who is convicted of starting a fire which requires an emergency response or investigation responsible for the expenses incurred for that response or investigation;
NOW, THEREFORE, the Board of Supervisors of Cochise County does hereby issue a temporary prohibition against the use of all fireworks, including permissible consumer fireworks, pursuant to A.R.S. § 36-1606, in all unincorporated areas of Cochise County; and
That due to the current, emergency nature of risk of fire, this County wide prohibition against fireworks use is immediately effective upon the passage of this resolution; and
That this prohibition shall remain in effect for 60 calendar days (until and including Friday, 20 July 2012), unless lifted earlier by a new, explicit resolution of the Cochise County Board of Supervisors; and
That any person who uses fireworks, including permissible consumer fireworks, shall be subject to arrest for violation of this County wide prohibition and shall be subject to punishment upon conviction, as stated in A.R.S . § 36-1608, or as otherwise provided by law; and
That any person who starts a fire by using fireworks in violation of this County wide prohibition shall be subject to arrest and subject to punishment upon conviction, as stated in A.R.S. § 13-1702, or as otherwise provided by law; and
That any person who starts a fire by using fireworks in violation of this County wide prohibition will be responsible for emergency response and investigation expenses incurred, pursuant to A.R.S. § 13-1709, or as otherwise provided by law.
That there is a more than reasonable risk of additional wildfires at this time and for the foreseeable future, in Cochise County as a whole, due to extremely low moisture content of local vegetation, and other hot, dry and dangerous conditions; and
That A.R.S. § 36-1606 empowers the Cochise County Board of Supervisors to regulate the use of permissible consumer fireworks within the unincorporated areas of Cochise County whenever there is a reasonable risk of wildfires; and
That A.R.S. § 36-1608 makes it a class three misdemeanor, punishable by up to 30 days in Jail or up to a $500 fine plus an 84% surcharge, to violate a permissible consumer fireworks prohibition issued by a county board of supervisors; and
That A.R.S. § 13-1702 makes it a class one misdemeanor, punishable by up to 180 days in Jail or up to a $2,500 fine plus an 84% surcharge, to recklessly cause a fire or explosion which results in damage to an occupied structure, a structure, wildland or other property; and
That A.R.S. § 13-1709, makes a person who is convicted of starting a fire which requires an emergency response or investigation responsible for the expenses incurred for that response or investigation;
NOW, THEREFORE, the Board of Supervisors of Cochise County does hereby issue a temporary prohibition against the use of all fireworks, including permissible consumer fireworks, pursuant to A.R.S. § 36-1606, in all unincorporated areas of Cochise County; and
That due to the current, emergency nature of risk of fire, this County wide prohibition against fireworks use is immediately effective upon the passage of this resolution; and
That this prohibition shall remain in effect for 60 calendar days (until and including Friday, 20 July 2012), unless lifted earlier by a new, explicit resolution of the Cochise County Board of Supervisors; and
That any person who uses fireworks, including permissible consumer fireworks, shall be subject to arrest for violation of this County wide prohibition and shall be subject to punishment upon conviction, as stated in A.R.S . § 36-1608, or as otherwise provided by law; and
That any person who starts a fire by using fireworks in violation of this County wide prohibition shall be subject to arrest and subject to punishment upon conviction, as stated in A.R.S. § 13-1702, or as otherwise provided by law; and
That any person who starts a fire by using fireworks in violation of this County wide prohibition will be responsible for emergency response and investigation expenses incurred, pursuant to A.R.S. § 13-1709, or as otherwise provided by law.
Department's Next Steps (if approved):
Prepare radio/TV and newspaper PSAs; record Resolution.
Impact of NOT Approving/Alternatives:
The use of permissible consumer fireworks will not be prohibited in Cochise County thus creating the potential for additional fire hazards.
To BOS Staff: Document Disposition/Follow-Up:
Prepare radio/TV and newspaper PSAs; record Resolution.