Georgetown's fireworks ordinance bolstered
After increased emergencies resulted from illicit fireworks use this past July 4, Georgetown is adding a host liability clause to its existing fireworks ordinance.
The clause was approved unanimously after first reading at Tuesday’s city council meeting.
The use of fireworks within Georgetown or 5,000 feet of the city limits is illegal unless permitted by the Georgetown Fire Department, according to existing ordinances. Violators face fines of up to $2,000 per firework.
Adding host liability to the ordinance allows law enforcement to issue citations to individuals hosting events where fireworks were used, as well as those in charge of the properties where they are discharged, Police Chief Cory Tchida said.
“It’s definitely another tool for us to use, which will give us some latitude in how we address ongoing issues with fireworks,” Mr. Tchida said. “It was crazy this [Fourth of July] with the amount of fires and some of them were very large fires.”
The term “host” can apply to anyone who:
• owns a private property within Georgetown’s city limits or 5,000 feet of the city limits
• has the right to use, possess or occupy public or private property through a lease, permit, rental agreement or subsequent contract • hosts, organizes, supervises or conducts responsibility for a gathering on public or private property The approval follows an April council workshop, in which strategies to reduce violations within the city were outlined by city staff, Mr. Tchida said. Law enforcement informed residents of existing firework regulations via social media, posting physical signs near fireworks stands and sending alerts via the Warn Central Texas app.
On July 4 of this year, four citations for firework use were issued by law enforcement, Mr. Tchida said. Roughly 21 fires were caused by fireworks that night.
“Due to all of our messaging, I felt personally comfortable with ramping up our Fourth of July posture a little bit,” Mr. Tchida said. “What we told police and fire units that night was …if you encounter someone that is discharging aerial or heavily flamed fireworks in light of all of that messaging, it would be appropriate to consider a citation unless there was some other compelling reason not to.”
The host liability amendment is the final piece to bolster prevention strategies, Mr. Tchida said.
Georgetown will be the first Texas city to implement a host liability clause, he said. The ordinance mimics one passed in Folsom, California, a city with a similar population as Georgetown.
Councilors get specifics
Council members Tuesday asked what additional authority the amended ordinance would allow law enforcement.
District 5 Council Member Kevin Pitts asked whether a law enforcement officer could issue a citation to property owners and hosts the day after witnessing the use of fireworks.
Mr. Tchida said the host liability clause will give officers leeway to issue citations after the offense if they weren’t able to make contact the night it happened.
Meanwhile, District 1 Council Member Amanda Parr voiced support for the ordinance amendment. She said she’d like the city to “be pretty strict in enforcing” it. She also asked whether officers must witness residents using fireworks.
“The issue of a citation is much like an arrest in that we require probable cause,” Mr. Tchida said. “Probable cause isn’t the same standard as proof beyond a reasonable doubt. If you could still see smoke coming out of the backyard, I would personally be okay with [issuing a citation] because you know, it looks like fireworks and smells like fireworks had just been discharged … and then the rest of that would be sorted out if [residents] chose to take that to trial or whatever else.
“We don’t have to witness it, just need some evidence of it.”
The clause will go into effect roughly 10 days after the amendment’s second reading before the council next month, City Attorney Skye Masson said. A copy of the amended ordinance is available online at https:// georgetowntx.novusagenda.com/ AgendaPublic/CoverSheet.aspx?ItemID=39316&MeetingID=4390.