Due to extremely high fire risks and with the upcoming Pioneer Day Holiday and all the festivities surrounding the state holiday, the Tremonton City Council has instituted a ban on the use of all fireworks for two areas within city limits where fire danger is considered to be unusually high this summer.
At a meeting Tuesday night, the council voted unanimously to ban the discharge of fireworks in the northwest part of town in an area north of the Highline Canal, west of 2300 West and east of I-84. That area consists largely of open fields, but also includes several dozen homes.
The ban also applies to all areas within 100 feet of the Malad River bottoms, where thick vegetation has become dry and highly flammable in recent weeks.
ORDINANCE NO. 17-11
AN ORDINANCE ADOPTING CERTAIN RESTRICTIONS ON THE USE OF FIREWORKS WITHIN CERTAIN AREAS OF TREMONTON CITY
WHEREAS, there currently is and may be in the future a high risk of fire during the time when fireworks are allowed to be discharged; and
WHEREAS, pursuant to Utah Code Annotated 53-7-202.5(1)(b) upon recommendation of the local fire official, the Tremonton City Council is authorized to enact prohibits on use of fireworks when hazardous environment conditions necessitate controlled use; and
WHEREAS, the Tremonton City Fire Chief, as the local fire official, has recommended prohibition of firework use in certain geographic areas within the Tremonton City corporate limits; and
WHEREAS, the City Council finds it is in the best interest of the City and the general health, safety and welfare of the public that this ordinance should be passed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TREMONTON CITY AS FOLLOWS:
1. Definition. All terms relating to fireworks used in this ordinance shall have the same meaning as they are defined in Utah Code Ann. 53-7-202 of the Utah Fire Prevention Act.
2. Sale, Discharge and Possession of Certain Fireworks Restricted.
a. It is unlawful and for any person to sell or offer for retail sale, or to discharge, or to have in their possession any fireworks in this municipality, other than class C common Utah state approved explosives used in accordance with, and only on the dates allowed, by Utah Code Ann. Sections 53-7-220 through 225; the rules adopted pursuant thereto; and this ordinance, except as otherwise permitted by state law.
b. It is unlawful for any person to discharge any fireworks within 20 feet of any residence, dwelling, or structure.
c. Due to unusual extreme hazardous fire conditions in certain portions of the municipality, the discharge of any and all fireworks including class C common fireworks is prohibited in the area of the municipality described as follows:
Prohibited Area No. 1: All land that is within Tremonton City limits that is north of the Highline Canal; west of 2300 West and east of Interstate 84, which is shown generally on the attached map contained in Exhibit A.
Ordinance No. 17-11 July 18, 2017
Prohibited Area No. 2: All land that is within one hundred (100’) feet of the Sensitive
Area Zoning District which is shown generally known as the Malad River Bottoms as on
the attached map contained in Exhibit A.
a. Every officer charged with enforcement of State and municipal laws including the Fire
Marshal is hereby charged with the responsibility to enforce this ordinance.
b. Fireworks possessed, sold or offered for sale in violation of this ordinance may be
seized and destroyed and the license of the person selling or offering fireworks for sale may be
4. Punishment. Violation of this ordinance shall be a class B misdemeanor punishable
by both fine and imprisonment as set forth is Utah law.
5. Conflicting Ordinances. This ordinance shall supersede any conflicting ordinance
previously adopted by the City Council until this ordinance sunsets on December 31, 2017.
6. Effective Dates. This ordinance shall become effective on July 18, 2017 and the
ordinance shall sunset on December 31, 2017.
PASSED AND DATED this 18th day of July 2017.