On Monday, June 14th the Menard County Commissioner's Court voted unanimously to issue an order restricting the use of the fireworks for the upcoming 4th of July holiday. The order was signed by Menard County Judge Brandon Corbin. Under Section 352.051 of the Texas Local Government Code, upon a determination under this section that drought conditions exist on average in a specified county, the commissioners court of the county, by order, may prohibit or restrict the sale or use of restricted fireworks in the unincorporated area of the county.
Section 352.051 defines (1) "Restricted fireworks" to mean only those items classified under 49 C.F.R. Sec. 173.I00(r)(2) (10-1-86 1 edition), as "skyrockets with sticks" and "missiles with fins."
In paragraph (f) the code states that when a county issues an order restricting or prohibiting the sale or use of restricted fireworks under this section, the county may designate one or more areas of appropriate size and accessibility in the county as safe areas, where the use of restricted fireworks is not prohibited, and the legislature encourages a county to designate such an area for that purpose. The safe area may be provided by the county, a municipality within the county, or an individual, business, or corporation. A safe area may be designated in and provided in the geographic area of the regulatory jurisdiction of a municipality if the activity conducted in the safe area is authorized by general law or a municipal regulation or ordinance. An area is considered safe if adequate public safety and fire protection services are provided to the area. A county, municipality, individual, business, or corporation is not liable for injuries or damages resulting from the designation, maintenance, or use of the safe area. As in the past, restricted fireworks are allowed at Stockpen Crossing Park from 7-11 p.m. only on Monday, July 4. Local law enforcement and volunteer fire personnel will be on-site to ensure the safety of those present. If you attend, please clean up any trash you carried into the park.
A person commits an offense if the person knowingly or intentionally violates a prohibition established by an order issued under this section. An offense under this subsection is a Class C misdemeanor.