SB 19-019

Abstract

Fireworks restrictions - period between May 31 and July 5 of any year - competent evidence of high fire danger. Under current law, a county may prohibit or restrict by ordinance the sale, use, and possession of fireworks, including permissible fireworks (fireworks restrictions), for a period that does not exceed one year in length within all or any part of the unincorporated areas of the county; except that such an ordinance shall not be in effect between May 31 and July 5 of any year unless the ordinance includes an express finding of high fire danger, based on competent evidence. The act specifies that such an ordinance is in effect for the period between May 31 and July 5 of any year only if the county adopts by resolution such fireworks restrictions for such period, which resolution includes an express finding of high fire danger, based on competent evidence. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the act requires the county to endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. The ordinance remains in effect and is fully enforceable until the restrictions have been rescinded. The act also adds as a source of "competent evidence" justifying a finding of high fire danger predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity as well as localized evidence of low fuel moisture content. (Note: This summary applies to this bill as enacted.) Read More