July 3rd, 2013

TOWI{ OF RUSH VALLEY

ORDINANCE NO. 2013-02


AN ORDINANCE ADOPTING RESTRICTIONS ON THE USE OF FIREWORKS AND
OTHER FIRE IGNITION SOURCES WITHIN THE TOWN OF RUSH VALLEY.

Whereas, in 2013 the Utah Legislature modified State regulations regarding the authority of local governments to regulate the sale and discharge of Class "C" fireworks and other fire ignition sources;

and
  
Whereas, the Town Council in consultation with the Fire Chief has determined that the entire limits of the Town of Rush Valley are subject to drought conditions which have resulted in the Town being covered with extremely dry brush, vegetation and other wildland areas which are adjacent to most homes, outbuildings and other personal properly, and which conditions pose an immediate fire risk and hazardous environmental condition.

Where as, the amendments to the Utah Code in H8289 require additional scrutiny and review by fire officials and legislative bodies regarding fireworks and fire restrictions;

and

Where as, the Fire Chief and other officials have recommended fireworks discharge restrictions and other fire ignition source restrictions as a result of their evaluation of fire risks and potential property damage;

and

Where as, the Town Council finds that it is in the best interest of the municipality and the general health, safety and welfare of the public that this Ordinance should be adopted.

NOW, THEREFORE, BE IT ORDAINED BY THE GOYERNING BODY OF THIS
municipality AS FOLLOWS:

1. Definitions.

All terms relating to fireworks used in this ordinance shall have the same meaning as they are defined in Utah Code Ann. 5 53-7-202 of the Utah Fire Prevention Act.

2. Sale, Discharge and Possession of Certain Fireworks Restricted.

a. It is unlawful for any person to sell or offer for retail sale, or to discharge, or to have in their possession any fireworks in this municipality, other than class C common Utah State approved explosives used in accordance with, and only on the dates allowed, by Utah Code Ann  53-7-220 through 225; the rules adopted pursuant thereto; and this Ordinance, except as otherwise permitted by State law;

b. It is unlawful for any person to discharge any fireworks within the Town of Rush Valley;

3. Other Fire Restrictions.

a. It is unlawful for any person to throw or place, or cause to be thrown or placed, a lighted match, cigar, cigarette, matches, lighters, or other flaming or glowing substance or object on any surface or article where it may cause an unwanted fire.

b. It is unlawful for any person to smoke, except within enclosed vehicles, buildings, recreation sites or while stopped in an area that is at least three feet in diameter that is barren or cleared to mineral soil.

c. It is unlawful to discharge tracer ammunition, or other pyrotechnic devises including explosive targets.

d. It is unlawful to cut, weld, or grind metal in areas of dry vegetation.

4. Enforcement.

a. Every officer charged with enforcement of State and municipal laws, including the Fire Chief,  Fire Marshal, or other Fire Department officials authorized by the Chief are hereby charged with the responsibility to enforce this Ordinance;

b. Fireworks possessed, sold or offered for sale in violation of this Ordinance may be seized and destroyed and the license of the person selling or offering fireworks for sale may be revoked.

5. Punishment. 

Violation of this Ordinance shall be a Class C misdemeanor punishable by both fine and imprisonment as set forth in Utah law.

6. Effective Date.

This Ordinance shall take effect immediately upon passing and posting and shall continue in effect until repealed when environmental conditions permit' passed and adopted by the Rush valley Town council, this 3rd day of July,. 2013.


Date of Posting:  The Town of Rush Valley website on July 3rd, 2013.

ATTEST:

Amie Russell
Town Recorder