Parker County commissioners extend burn ban, explore options for fireworks ban | Local News | weatherforddemocrat.com

2022-06-28 00:44:56 By : Ms. Snow Hu

Partly cloudy. Low 71F. Winds ENE at 10 to 20 mph..

Partly cloudy. Low 71F. Winds ENE at 10 to 20 mph.

WEATHERFORD — Parker County commissioners Monday unanimously approved a 60-day extension of the current county-wide burn ban, which was set to expire July 8.

The court also discussed the banning of fireworks, though they could not take action as the item was not on the agenda.

Parker County Fire Marshal Sean Hughes said the Keetch-Byram Drought Index, which determines forest fire potential was at around 580 Sunday. For reference, the index runs from zero (no moisture depletion) to 800 (absolutely dry conditions).

"We're working with the county attorney diligently and he's found us a couple of items to help us," Hughes said of the fireworks concerns. "We've been working with the county judge and county attorney to look at some measures this week to help us bridge those concerns."

Precinct 3 Commissioner Larry Walden noted the current burn ban does not address fireworks.

"These prohibitions do not apply to the sale or detonation of fireworks on one's own private property," he said. "We're not touching fireworks with this ban and it never has been."

County Attorney John Forrest said there are specific state laws that regulate fireworks, while the burn ban is under a completely different set of statutes and specifically addresses outdoor burning and those types of fires.

"Another provision that allows us to ban [only two] types of fireworks is if the KMDI is at 475 on June 15," Forrest said, noting that the index was not at that time so the two fireworks — stick rockets and missiles with pins — could not be banned. "At this point, we're looking at other solutions that might be available to the county ... a county declaration by the judge."

The county, in the past, has been able to ban fireworks, including in 2018, when then-County Judge Mark Riley issued a local state of disaster under the Texas Disaster Act, allowing the county to employ the 60-hour ban. The governor then has the option to extend the ban, but Hughes said Monday the governor's office has declined to extend any of those currently in place in the state.

As for the ban of sales, Forrest said you usually don't look at doing that because fireworks could be purchased and used yearround.

Recently, Bell County became one entity to band the use and sale of fireworks under a local disaster declaration.

Hughes said the county could do a 60-hour window to ban the discharge — not the sale — of fireworks on private property and the governor could extend that window.

"For us to cover July 4, we'd probably start around noon on [July 2] through Tuesday [July 5] morning," he said.

Walden asked how that would be enforced if applicable.

"It would be difficult," Hughes admitted. "We met with the sheriff's office to discuss enforcement opportunities, and when you ban, it ramps up the calls for enforcement a great deal. We would anticipate our calls to rise dramatically due to complaints."

 Most incorporated cities already have an adopted fire code, meaning fireworks are banned inside their city limits, but the 60-hour ban would extend across the entire county. 

"My recommendation would be the county judge do a seven-day proclamation to follow that on with a 60-hour prohibition, and we would work to determine what that time would be and where to start and end."

County Judge Pat Deen said it was his intent to sign a declaration, with contingency based on the weather and KBDI numbers.

Hughes noted there was a small chance of rain in the forecast for Friday, but didn't express a lot of confidence in it, with Precinct 1 Commissioner George Conley noting it may not even cover the whole county.

"If nothing changes, then that document will be signed," Deen said.

Forrest said they plan to sit down and call the governor's office to potentially get more information on options.

The discussion comes after numerous crews — including a strike team from Parker County as well as Palo Pinto County and state resources — battle an 11,000-acre wildfire near Graford. The fire has been burning since Thursday.

As it stands, individuals are responsible for their fireworks, and could be held criminally and civilly responsible for any damages. Any fireworks set off inside city limits that prohibit them are a violation of city ordinance and could result in a fine.

In other business Monday, commissioners:

• Authorized the transfer of $282,000 for the purchase of six mobile and 25 portable radios for the Parker County Sheriff's Office.

• Approved an increase in septic permit fees from $320 to $400 per permit, effective Sept. 1.

Ryen Mowrey, director of permitting, said the increase would help cover the rising cost of fuel as well as an additional inspector and an additional vehicle. Mowery said his department averages about 250 permit applications a month.

• Tabled action on adopting RV park regulations. 

Mowery said RV parks don't have development rules, and their only regulations come in the form of permitting for septic system.

He suggested regulations to include the number of RVs per acre and privacy fences, among other options, and commissioners asked him to put together a list of items to bring back to a future meeting.

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