Kendall County Judge Darrel Lux issued a disaster declaration to ensure certain fireworks are neither sold nor set off in the county during this July 4 holiday weekend.
While the declaration wasn’t issued until Wednesday afternoon and only applied to unincorporated areas of Kendall County, several local municipalities canceled their holiday fireworks shows shortly after commissioners discussed the matter on Monday.
Despite the rain showers earlier this week, Kendall County remains in persistent and exceptional drought conditions with higher risks of wildfires as deeper levels of soil remain parched. In response to this danger, Lux issued a disaster declaration Wednesday for Kendall County that outlaws the sale or use of certain fireworks – including skyrockets with sticks or missiles with fins – avoiding the need for Gov. Greg Abbott to approve the judge’s disaster declaration.
“My thought is in research that virtually everyone around us has banned skyrockets with sticks and missiles with fins except Gillespie County as of last week, and I called over there and they figured they were going to try to do something along these lines with a disaster declaration,” Lux said during the Kendall County Commissioners Court meeting Monday.
“The main thing I wanted to do was inform everyone that was – I can’t imagine of thinking they were – going to shoot off something like that. You know, this next weekend that they will not be shooting anything off because I’m going to do a disaster declaration.”
Section 418.108 of the Texas Code states a declaration of a local disaster may not be continued or renewed beyond seven days, leaving county counsel interpreting the code to mean the judge may issue a declaration up to seven days. However, the same section of code states a restriction which exceeds the powers authorized in Section 352.051 of the Local Government Code – which allows county judges to restrict fireworks use and sales – is only effective for 60 hours unless extended by the governor if the county judge seeks an extension.
Section 352.051 states a restriction or prohibition on the sale or use of certain fireworks must be adopted before June 15 to remain in place for the July 4 holiday.
After discussing the matter with the county’s legal counsel Bill Ballard, Lux said he opted to hold off on the declaration until Wednesday because it would by default extend past the July 4 holiday on Monday. Should Lux have opted to issue the declaration sooner, his fellow commissioners would have needed to reaffirm the declaration within seven days, and Abbott would need to approve the declaration within 60 hours of the court’s affirmation.
While the declaration didn’t go into effect until after the commissioners’ meeting Monday, Kendall County Emergency Management Coordinator Jeff Fincke said several of the commercial fireworks stands in the county were not selling the banned items in expectation of such a declaration.
“I don’t think it’s going to be a problem because all the surrounding counties have done the same thing on the stick, fins and missiles,” Fincke said. “So, I think a lot of them (firework stands) expected it and didn’t even order those products to sell.”
Violation of the disaster deceleration, which is set to expire by July 6, can result in a Class C misdemeanor and a fine up to $500.
The city of Boerne canceled its annual firework show Wednesday afternoon.
“We do not make this decision lightly,” Boerne Communications Director Chris Shadrock said. “We know many people in our community look forward to this event each year, but we must continue to prioritize public safety, and reducing the risk of fire is paramount.”
The use of fireworks remains illegal within the Boerne city limits, and violating the ordinance carries up to a $200 fine before court fees are assessed.
The city of Fair Oaks Ranch announced Tuesday that its annual holiday fireworks show also was canceled.
“The city of Fair Oaks
Ranch is announcing, with regret, the cancellation of the Fourth of July fireworks celebration event,” a press release from the city reads. “While the recent rains have offered some welcome relief, this collaborative decision was made due to the prolonged and extreme drought conditions our area has experienced, low water levels within the city’s water system and in consideration of heightened fire risks throughout the area.”
The press release stated city officials made the decision after speaking with several partners, including the Leon Springs Volunteer Fire Department, FOR Police Department and the FOR Country Club. Fireworks remain prohibited within the city limits of FOR.
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