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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: / \ /? ` 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