Fireworks, Burn Bans and Fire Safety in Cherokee County

Cherokee County is currently under a burn ban. County burn bans are authorized under Texas law when drought conditions or other circumstances create a public safety hazard that would be worsened by outdoor burning. In general, violating a burn-ban order is a Class C misdemeanor punishable by a fine of up to $500. The specific county order controls what activities are prohibited, restricted or exempted. Even if you accidentally start a fire in violation of the ban, you may not only face criminal liability, including citations, fines, even possible jail/prison time, but you may also be held financially responsible for the damage the fire causes. That responsibility can include costs for damaged property, fire suppression, cleanup and other losses resulting from the fire.

It is important to understand that a burn ban and a fireworks restriction are not necessarily the same thing. Texas law treats them separately. A burn ban generally addresses outdoor burning, while a county and city may restrict or prohibit certain “restricted fireworks” – specifically skyrockets with sticks and missiles with fins – under separate statutory authority when the required drought conditions exist. A county judge may also restrict fireworks as part of a declaration of local disaster. 

Residents should not assume that the absence of a separate fireworks prohibition means fireworks are safe to use during a burn ban. Nor should anyone assume that a burn ban automatically makes every type of firework unlawful. The applicable county order, along with any municipal ordinances or emergency declarations, determines what is permitted. Residents should review the current order or contact your local county officials, local fire officials or their municipality before using any fireworks.

Regardless of the legal classification, the safest choice during these unusually dry conditions is to avoid using fireworks altogether. Fireworks can ignite dry grass and brush from their flame, sparks or hot debris. Wind can carry embers beyond the area where fireworks are being used and a fire may continue smoldering after it appears to be extinguished.

The danger during a burn ban is not limited to fireworks or traditional outdoor burning. Ordinary activities that are normally routine can also create an ignition source when conditions are this dry.

Mowing a yard, for example, may produce heat or sparks if a mower blade strikes a rock, piece of metal or other hard object. A mower’s engine, exhaust system and catalytic components can also become hot enough to ignite dry grass. Grass clippings that collect around a mower or remain against a hot engine can create an additional hazard. Before mowing, property owners should remove rocks, wire and other debris from the area. They should also avoid mowing during the hottest, driest and windiest parts of the day, keep equipment maintained and never park a hot mower in dry grass.

Discarded cigarettes are another common cause of preventable fires. A cigarette, cigar or match should never be thrown from a vehicle or placed in dry grass, leaves, mulch or a roadside area. Even when an item appears to be extinguished, it may contain enough heat to ignite dry vegetation. Smoking materials should be completely extinguished with water and placed in a proper container.

Other seemingly minor activities also deserve caution. Parking a vehicle on dry grass can allow heat from the exhaust system or undercarriage to start a fire. Using welding equipment, cutting tools, grills, outdoor stoves, chainsaws or other spark-producing equipment may also be dangerous under current conditions. Residents should check the burn-ban order and use appropriate precautions before operating any equipment that produces heat, flame or sparks.

Residents should also remember that activities allowed under a burn ban order may still require caution and compliance with any applicable conditions. Clear combustible materials from the area, remain with any fire or heat-producing equipment at all times and make certain ashes and coals are completely cold before disposal.

If a fire begins to spread or cannot be controlled immediately, call 911. Give the dispatcher the location, describe what is burning and follow instructions. Do not place yourself or others in danger by attempting to fight a growing wildfire.

Burn bans are intended to reduce the likelihood that a preventable fire will become a community emergency. During this period of heat and drought, each of us has a responsibility to exercise sound judgment, follow the law and consider the safety of our neighbors. Choosing not to use fireworks, taking extra care while mowing, properly extinguishing cigarettes and avoiding other sources of sparks can help protect Cherokee County and the people we love who live here.

Those who lawfully use fireworks should take every possible precaution:

– Use fireworks only where they are legally permitted and where there is adequate clearance from grass, brush, trees, homes, vehicles and other combustible materials.

– Keep water, a hose or a fire extinguisher immediately available.

– Never use fireworks near dry vegetation, propane tanks, hay, structures or power lines.

– Do not relight a firework that fails to function. Wait, then soak it thoroughly in water.

– Keep spectators at a safe distance and wear eye protection.

– Never point fireworks at people, animals, homes or vehicles.

– Dispose of used fireworks only after soaking them in water.

– Do not attempt to make, alter or combine fireworks.

– If wind conditions increase, stop immediately.