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Burn Ban Notice!

posted May 24, 2011, 5:06 PM by Robert Lee Volunteer Fire Dept   [ updated Jun 27, 2011, 3:55 PM ]
Please read below for announcements regarding Burn Ban.  You can also open the official document below.


ORDER PROHIBITING CERTAIN FIREWORKS

IN UNINCORPORATED AREAS OF COKE COUNTY, TEXAS

 

WHEREAS, the Texas Forest Service has determined that drought conditions exist in Coke County; and

 

WHEREAS, on the 23rd day of May, 2011, the Commissioners Court of Coke County has determined that the normal danger of fire in the unincorporated areas of Coke County is greatly enhanced by the extremely dry conditions now existing;

 

NOW, THEREFORE, the Commissioners Court of Coke County adopts this Order prohibiting the sale or use of restricted fireworks in the unincorporated areas of Coke County.

 

A.     No person may sell, detonate, ignite, or in any way use fireworks classified under 49 C.F.R.

        part.  173.100(r) (2) (10-1-86 edition), as “skyrockets with sticks” and “missiles with fins” in  

        any portion of the unincorporated area of Coke County.

 

B.     This Order does not prohibit:

 

         1.     common fireworks, small in size classified as Class C explosives;

 

         2.     large fireworks devices designed primarily to produce visible or audible effects by

                 combustion, deflagration, or detonation and classified as Class B explosive by the U.S.

                 Dept. of Trans. [TEX. OCC. CODE, Chapter 2154].

 

C.     A person commits an offense if the person knowingly or intentionally violates a prohibition

         established by this Order.  An offense under this order is a Class C. Misdemeanor.

 

APPROVED THIS THE 23rd DAY OF MAY, 2011, BY THE COKE COUNTY COMMISSIONERS COURT.




DECLARATION OF DISASTER AND ORDER PROHIBITING OUTDOOR BURNING FOR COKE COUNTY, TEXAS

 

WHEREAS, the Commissioners’ Court of Coke County, on this the 12th day of May, 2011 has determined that Coke County, has been affected by recent wildland fires and continues to be  threatened by high or extreme wildland fire hazard.  This threat is caused by abundant fuel and extreme dry and windy conditions across the State of Texas and in Coke County, and;

 

WHEREAS, the Commissioners Court of Coke County have determined that extraordinary measures must be taken to alleviate the suffering of people and to protect or rehabilitate property;

 

NOW THEREFORE, IN ACCORDANCE WITH THE AUTHORITY VESTED IN THE COKE COUNTY COMMISSIONERS’ COURT BY SECTION 418.108 AND 418.014 OF THE TEXAS GOVERNMENT CODE, THE COURT DOES HEREBY PROCLAIM THE EXISTENCE OF SUCH DISASTER AND DIRECT THAT ALL NECESSARY MEASURES BOTH PUBLIC AND PRIVATE AS AUTHORIZED BY THE LAWS OF THE STATE OF TEXAS BE IMPLEMENTED TO MEET THAT DISASTER :

 

1.      That a local state of disaster is hereby proclaimed for Coke County pursuant to Section 418.108 (a) of the Texas Government Code.

 

2.      Pursuant to Section 418.108 (b) of the Government Code, this Declaration of a local state of disaster shall continue for so long as such conditions exist with the exception granted to fireworks under Section 418.108 (i) of the Government Code unless ratified and extended by the Governor of the State of Texas.

 

3.      Pursuant to Section 418.108 (c) of the Government Code, this Declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk of Coke County.  

 

4.      Pursuant to Section 418.108 (d) of the Government Code, this Declaration of a local state of disaster activates the Coke County Emergency Management Plan.

 

5.      The purpose of this order is the mitigation of the hazard posed by wildfires by curtailing the practice of outdoor burning, which purpose is to be taken into account in any enforcement action based upon this order.

 

BE IT THEREFORE ORDERED that the following emergency regulations are hereby established for all unincorporated areas of Coke County, Texas for the duration of the declaration;

 

            (1)        Actions Prohibited:

                        (a)     All outdoor burning of any combustible material is prohibited.  A person

                                  violates this order if he burns any combustible material or orders such

                                  burning by others.

                        (b)     The sale and use of all fireworks.  

            (2)        Actions Allowed

                        (a)     Any propane cooking, and outdoor cooking fires as long as they are under

                                  the supervision and control of an authorized Volunteer Fire Department.  

            (3)        Enforcement:

                        (a)     Upon notification of suspected outdoor burning, the fire department

                                  assigned to the location of the fire shall respond to the scene and take  

                                  immediate measures to contain and/or extinguish the fire.

                        (b)    As soon as possible, a duly-commissioned peace officer shall be sent to the         

                                 scene to investigate the nature of the fire.

                        (c)    If in the opinion of the officer at the scene and/or the Fire Chief, the goal of                

                                the order can be attained by informing the responsible party about the  

                                prohibitions established by this order, the officer may, at his discretion,

                                notify the party about the provisions of this order and request compliance

                                with it.  In such instances, an entry of the notification shall be made into the

                                dispatchers log containing the time, date, and place of the warning, and the

                                name of the person receiving the warning.

 

            (4)        At the discretion of the peace officer and/or Fire Chief, subsequent or flagrant  

                        violations of this order may be prosecuted in accordance with the statues and

                        procedures governing misdemeanors.

 

BE IT ALSO ORDERED that this order may be enforced by any duly-commissioned peace officer and that the venue for prosecution of this order will be the Justice of the Peace Court, Coke County, Texas.

 

This Declaration and Order shall take effect immediately from and after its issuance and continue until the conditions requiring this declaration and order are over, with the exception granted to fireworks under Section 418.108 (i) of the Government Code unless ratified and extended by the Governor of the State of Texas.

 

DECLARED AND ORDERED THIS THE 12th DAY OF MAY, 2011.



ĉ
Robert Lee Volunteer Fire Dept,
May 24, 2011, 5:07 PM
ĉ
Robert Lee Volunteer Fire Dept,
May 24, 2011, 5:07 PM
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