HomeMy WebLinkAboutOrdinance No. O12-03 EMERGENCY ORDINANCE NO. 012 -03
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL ADOPTED TO
TEMPORARILY BAN THE DISCHARGE, FIRING AND USE OF FIREWORKS
WITHIN THE CITY LIMITS AUTHORIZED BY
CHAPTER 8.16 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, the State of Montana is currently experiencing extreme fire danger due to
the lack of moisture and extremely hot temperatures; and
WHEREAS, the State of Montana is currently battling a substantial number of wild fires
resulting in the State Fire Marshall's plea for a complete ban on open burning and fireworks
throughout the State of Montana; and
WHEREAS, the Yellowstone County Commissioners officially banned open burning and
fireworks due to the extreme fire danger that currently exists; and
WHEREAS, the City's Fire Chief has recommended the City Council consider a similar
ban due to the extreme fire danger that exists in and near the City of Laurel; and
WHEREAS, the City Council has determined that in order to protect the health, safety
and welfare of the Citizens of Laurel and individuals who reside adjacent to the City of Laurel,
the discharge, firing and use of fireworks within the City Limits must be banned for the 2012
Fourth ofJuly Celebration; and
WHEREAS, pursuant to § 7 -5 -104 Montana Code Annotated, the City Council is
authorized to adopt an Emergency Ordinance to immediately protect the public's property, health
and/or safety for a period not to exceed 90 days; and
WHEREAS, the Ordinance can be effective upon passage if 2/3 of the whole Council
votes to approve the Emergency Ordinance.
WHEREAS, Chapter 8.16 specifically exempts all Professional Firework Displays when
conducted by licensed and bonded pyrotechnic operators and as a consequence the annual
fireworks display sponsored by the City of Laurel's Volunteer Fire Department is not banned,
impacted or affected by this Emergency Ordinance.
NOW THEREFORE BE IT ORDAINED AND ORDERED, that the discharge, firing and
use of fireworks within the City Limits of Laurel currently authorized by Chapter 8.16 is hereby
banned for the 2012 Fourth ofJuly Celebration; and
BE IT FURTHER RESOLVED, the Laurel Police Department is hereby authorized to
enforce the ban through seizure of the fireworks and citation to the Laurel City Court; and
FINALLY BE IT RESOLVED, anyone who violates this Emergency Ordinance is
subject to a fine of up to $500 per charge or occurrence.
Emergency 012 -03 Fireworks ban 2012
This Ordinance shall become effective immediately upon adoption by a 2/3 Majority
Vote of the City Council and shall expire ninety (90) days after final passage by the City Council
and approval by the Mayor.
PASSED and ADOPTED by 2/3 Majority Vote of the Laurel City Council on first
reading during a Special Meeting on this 29 day of June, 2012, upon motion of Council
Member Mace
APPROVED BY THE MAYOR this 29 day of June, 2012.
CITY OF LAUREL
Il.
K • eth E. Olson, Jr. Ma i %
ATTEST:
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\ /? ` t c' j L..
Shirley Ewan, Clerk- Treasurer
• .roved . •
am Painter, Legal ounsel
Elk River Law Office, P.L.L.P.
Emergency 012 -03 Fireworks ban 2012