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Hello, Here is what I found out... It is, of course, legal for the Fire Marshal to enforce the fireworks statutes, including this applicable statute. Using fireworks in the neighborhood is still legal. Since this LPA came into effect, carrying them across or igniting them in certain areas adjacent to the neighborhood is not legal and a fine can be imposed. This City of Houston web page (in a very recent Houston Fire Department News Story) details “Limited Purpose Annexation” areas and describes the fines and procedures used. There are many of these select areas, effective June 15, 2005, in the county. Click number 7 here for a map of the “Fireworks Ban Territory” for our area. The light blue areas indicate where the fireworks ban will be enforced. Regarding the reason for these annexation areas: Mr. Homan said the commercial properties within M.U.D. #61 are now governed by an LPA and the residential areas are not. The maps show the governed areas. We were informed about the public meeting about the LPA issue in February 2005 M.U.D. #61 newsletter. My friend in Steve Radack’s office said the LPA agreements are between the M.U.D.’s and the city for tax and area improvement purposes and the taxes collected are to help the M.U.D.’s pay off their debt. Effectively, The LPA extends the City of Houston’s taxing authority and thereby, their jurisdiction, including the City’s fireworks violation statutes, onto the blue areas. So, as Pete & I understand it, you can’t buy, carry or use fireworks in (or transport them across) these light blue colored “Fireworks Ban Enforced” areas. Because the whole street is colored blue, you can’t even drive on Huffmeister Rd. with fireworks without risking a fine. This information is also copied to whiteoaklanding.com so inform your neighbors! Have a safe holiday weekend everybody! Your neighbor, Kim Tevlin PS. I also found some information on the subject: Burn Ban PSS. A related news article follows… Fine time for fireworks in city, other areas 11:14 AM CDT on Tuesday, June 28, 2005 By Shern-Min Chow / 11 News Click to watch video About a dozen fireworks stands along a stretch of 1960 were at the wrong place at the wrong time and had to move by 10 p.m. Monday night. Fireworks inside Houston's city limits have been illegal for years, but now they are also illegal in unincorporated areas of Harris County. That includes FM 1960 at Atascocita Road. If you're caught using or in possession of fireworks in the city or in LPAs, you could face a stiff fine. For the people who sell the fireworks, that's having a significant effect on seasonal sales. The owner of a stand at Timber Oaks at FM 1960 was upset, saying the regulations governing fireworks weren't passed until March and a complete map wasn't available until June. They say they didn't know about the rules and as a result, they've been calling their lawyers and state officials. The owner of Coach's Fireworks, Mickey Mapes, wasn't happy. "It looks criminal. I hate to say it," he says. The Houston Fire Department is enforcing fireworks regulations in "LPA" areas. "Limited Purpose Annexation," Mapes says to someone on the phone. As it turns out, the State Fire Marshall, who is in charge of issuing fireworks stand licenses, was not aware of this regulation. "How can the City of Houston come out and enforce laws out in the county and hand-pick where they're gonna do it?" says Mapes. An LPA is basically a utility district. The district and the city have cut a deal for tax revenue, and as part of the deal, 17 of the districts are getting fireworks enforcement from Houston. Also online: Fireworks: Harris County Annexation areas Harris County , which allows fireworks, says that over the last four years, there has been a loss of nearly $1.67 million in fireworks-related incidents. "We want people to enjoy the Fourth of July, the fireworks. We have organized fireworks displays and we want to keep them safe," says HFD Chief Chief Gabe Cortez. That brings small comfort to those who have been forced to shut down. Mapes was lucky because his permit allows him to move across the street, but with new expenses. Mapes says it costs $2,000 a week to rent the space. Other vendors will have to get new permits, at a cost of $30 each. Although the permits are issued by the state, they don't keep track of the local bans. That is up to the permit holder. Although fireworks can be bought, if you drive into a city or an LPA with them in the car, or if you use them, you will be subject to the same fines as the fireworks stand owners. That fine is anywhere from $500 to $2,000 per firework.
From:
WhiteOakLanding@yahoogroups.com [mailto:WhiteOakLanding@yahoogroups.com] On
Behalf Of Pete & Kim Tevlin
From:
WhiteOakLanding@yahoogroups.com [mailto:WhiteOakLanding@yahoogroups.com] On
Behalf Of Nathan Gaskill
I don't know what
was going on at the fireworks stand by CVS Paharmacy but when we went by there
the fire marshall was there as well as a newscaster from channel two and the
stand has been closed since.Nathan Gaskill Ph: 713-301-0828 FAX:
281-897-0577-----Original Message-----
From: WhiteOakLanding@yahoogroups.com [mailto:WhiteOakLanding@yahoogroups.com]On
Behalf Of WhiteOakLanding eMail
Donna,Your husband
stopped by earlier this evening the Pete and I discussed the Fireworks issue and
your questions. I will check with Steve Radack’s office tomorrow. The Fireworks
stand that is just behind the CVS Store at Huffmeister and Cypress N. Houston
was not open this evening when we went by it at 9:00PM. The stand that is at
Huffmeister and Fleur-De-Le in the Circle A parking lot (behind the sno-cone
place) was open. This is the one that I understood was supposed to be moved
across the street (on the West Side). Their was another stand in the parking lot
next to the old Pizza Hut that was also open. This is all just crazy and we have
heard nothing about it. As soon as I found out some information I will let
everyone know. Thanks for sharing your concerns with us.
From:
Dslwieland@aol.com [mailto:Dslwieland@aol.com] Does anyone know anything about the "limited annex partnership" between the City of Houston and our Water Supply District #61????? According to the General Manager at #61, there is a narrow strip of commercial land down Huffmeister (on the east side - our side) that is involved. This is why the fireworks stands on the east side had to close or move to the west side of Huffmeister.I have heard 'second-hand' that the fire marshall is stopping people who have purchased fireworks at the corner of Fluer-de-lis and Huffmeister and come our way. The cost is a $1,000.00 fine. You have to physically cross this 'narrow strip of land' to enter our subdivision. The general manager at #61, Mr. Jerry Holman, is checking on this and said he would get back to me. In the meantime, does anyone know for sure about this??? The annexation or the fireworks issue????? If this is true, how could we never have been notified of this? Is this legal????? Donna Wieland 281-955-2516 |
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