HomeMy WebLinkAboutRES. 17-07-4387:DTY1711111'Y,[t7►i►[I]�rIQIII�;���a
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HOUSE
WHEREAS; during the 2017 legislative session of the Georgia General Assembly, House
Bill ("HB")419 was introduced to amend the Official Code of Georgia Annotated ("O.C.G.A.")
§ 25-10-2(b)(3) to subject the use or ignition of consumer fireworks to local noise ordinances;
WHEREAS, attached hereto marked Exhibit A is the latest version of HB 419 which was
tabled in the Senate on March 28, 2017, the day before the Senate adjourned sine (fie;
WHEREAS, presently O.C.G.A. § 25-10-2(b)(3)(B)(i) provides that consumer fireworks
may be used or ignited on any day between the time of 10:00 A.M. up to and including the ending
time of 9:00 P.M.;
WHEREAS, presently O.C.G.A. § 25-10-2(b)(3)(B)(ii) provides, in part, that consumer
fireworks may be used or ignited on any day after 9:00 P.M. up to and including the time of 11:59
P.M. provided such use or ignition is in conformance with any applicable local noise ordinance;
WHEREAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(B) by merging
subsections (i) and (ii) so that consumer fireworks may be used or ignited on any day between the
time of 10:00 A.M. up to andincluding the end time of 11:59 P.M. provided such use or ignition
is in conformance with any applicable local noise ordinance;
WHERAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(D) to clarify which days
and times around the New Year's Day and Independence Day holidays consumer fireworks may
be used or ignited;
WHEREAS, HB 419 proposes to amend O.C.G.A. § 25-10-2(b)(3)(E) to clarify that
further regulations and restrictions regarding the use or ignition of consumer fireworks may be
enacted by the Governer following a declaration of drought by the Department of Natural
Resources;
WHEREAS, O.C.G.A. § 36-60-24(a) and (b) provide, in part, that the governing authority
of a municipal corporation may not prohibit or regulate the use or ignition of consumer fireworks
unless such prohibition or regulation is expressly authorized by general law;
WHEREAS, the proposed amendments to § 25-10-2(b)(3) through HB 419 clarify that the
local governing authority may, with the exception of those specified days around the New Year's
Day and Independence Day holidays, regulate the use or ignition of consumer fireworks in
conformance with the applicable local noise ordinance, provided such noise ordinance does not
treat consumer fireworks differently from any other sound;
WHEREAS, the City of Milton has an adopted noise ordinance, codified in the City's
Code of Ordinances at Chapter 20 (Environment), Article V1I (Noise Control);
Page 1 of 6
WHEREAS, it is anticipated that HB 419 will proceed through the state's legislative cycle
once the General Assembly reconvenes for its next regular legislative session; and
WHEREAS, the passage of HB 419, as drafted, is beneficial to the City by allowing the
City to locally regulate the use or ignition of consumer fireworks in compliance with the City's
noise ordinance most days of the year.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of
Milton that the passage of HB 419 (2017), as drafted, is in the best interest of the citizens of the
City and we do hereby provide support in the adoption of such legislation by the General Assembly
and execution by the Governor.
SO RESOLVED, this 24TH day of July, 2017.
Joe Lockwood, M or
Attest:
Sudie AM Gordon, Ci y Clerk
Page 2 of 6
EXHIBIT A
Text of House Bill 419 (2017)
(Version LC 41 1187S)
Page 3 of 6
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LC 41 1187S
The Senate Committee on Public Safety offered the following substitute to HB 419:
A BILL TO BE ENTITLED
AN ACT
1 To amend Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to
2 prohibited fireworks activities, so as to subject the use or ignition of consumer fireworks to
3 noise ordinances of counties and municipal corporations; to provide for related matters; to
4 repeal conflicting laws; and for other purposes.
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 25-10-2 of the Official Code of Georgia Annotated, relating to prohibited
fireworks activities, is amended by revising subparagraphs (b)(3)(B), (b)(3)(D), and (b)(3)(E)
as follows:
"(B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject
to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for
any person, firm, corporation, association, or partnership to use or ignite or cause to be
ignited any consumer fireworks:
(i) Except as provided for in divisions (ii) through (v) of this subparagraph, on 6n
any day beginning at the time of 10:00 A.M. and up to and including the ending time
of 9e99 -P.M.:
(ii) E)n any day after the tinie of9oOO P.M. mid up to and including tile tinle of 11:59
P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county
or municipal corporation of the location in which such use or ignition occurs, except
as otherwise provided for under this subparagraph; provided, however, that no such
noise ordinance shall treat consumer fireworks differently from any other sound; and
provided, further, that a county or municipal corporation may additionally require the
issuance of a special use permit pursuant to subparagraph (D) of this paragraph for
use or ignition;
fiftiij On January 1,ittly-3, and July 4, mid Beceinbe of each year and any day
recognized and observed as a public and legal holiday pursuant to Code Section 1-4-1
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17 LC 41 11875
and the two days prior to such dates or days and the two dans after such dates or days
after the time of 9.60 P.M. 10:00 A.M. and up to and including the time of 11:59
P.M.; and
OoCiiij On January 1 of each year beginning at the time of 12:00 Midnight and up
to and including the ending time of 1:00 A.M.;
(iv) On any Fridgy after the time of 6:00 P.M. and up to and including the time of
11:59 P.M., if such Fridayprior to any date or day provided for under division (ii)
of this subparagraph: and
(v_) On any Saturday after the time of 10:00 A.M. and up to and including the time
of 11:59 P.M., if such Saturday is prior to any date or day provided for under division
(ii) of this subparagraph!
"(D) Any person, firm, corporation, association, or partnership may use or ignite or
cause to be ignited any consumer fireworks as provided for under divisions (3)(B)(ii)
3 B i and (3)(C)(v) of this subsection if such person, firm, corporation, association,
or partnership is issued a special use permit pursuant to the law of a governing authority
of a county or municipal corporation for the use or ignition of consumer fireworks in
a location within such county or municipality as provided for under divisions (3)(13)(i i)
3 B i and (3)(C)(v) of this subsection, provided that such special use permit is
required for such use or ignition. Such special use permit shall designate the time or
times and location that such person, firm, corporation, association, or partnership may
use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a
county or municipal corporation for the issuance of a special use permit pursuant to this
subparagraph shall not exceed $100.00. No governing authority or official of a county,
municipality, or other political subdivision shall bear liability for any decisions made
pursuant to this Code section.
(E) Whenever the 6overnor issues a declaration of drought, Department of Natural
Resources declares a drought response of Level 1 or higher, or its equivalent, for an
area, the Governor may, for the boundaries of the area covered by such drought
declaration, enact further regulations and restrictions coneetning the use ofconsunter
fireworks thmi piuvided for under this chaptei; provided, however, that no stich Faither
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59 provided, further, that such finthe, iegulation., Of leshiCtionS Shall 011I.Y apply tv the
60 exact prohibiting any person, firm, corporation, association, or partnership to ignite or
61 cause to be ignited consumer fireworks in the boundaries of the area covered by such
62 declaration and Shall Only apply vvithiegad to tire ignition ofconstimet firMoiks,
63 provided, further for the duration of such declaration: provided, however, that upon
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LC 41 1187S
64 expiration or conclusion of such declaration, such further regulations or restrictions
— 65 shall be rescinded by law."
66 SECTION 2.
67 All laws and parts of laws in conflict with this Act are repealed.
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