The details
The year-round ordinance prohibits the use, possession and discharge of consumer fireworks within the Mercer Street, Old Fitzhugh Road and Hays Street historic districts.
The ordinance aims to address the following concerns:
- Public panic from loud, sudden fireworks that could be mistaken for gunfire or explosions, leading to possible injury, confusion and fear
- Fire risks due to aging wooden structures and building density
- Public safety and potential injuries to bystanders, particularly in crowded areas
- Noise and disturbances to wildlife, residents, visitors, pets and individuals with sensory sensitivities
- Property damage
City Attorney Laura Mueller said that the incident highlighted the concern regarding public panic from unannounced fireworks.
Banned fireworks include the following, as listed in the ordinance:
- Firecrackers
- Cannon crackers
- Skyrockets
- Torpedoes
- Roman candles
- Sparkles
- Squibs
- Fire balloons
- Star shells
- Gerbs
- Any article or substance used “to produce a visible or audible pyrotechnic display"
In addition to public fireworks displays permitted by the city of Dripping Springs, pyrotechnics used by law enforcement are also not included in the ban.
The city did not previously have any firework bans except during burn bans.
What the council is saying
Council member Geofrrey Tahuahua, who voted against the ordinance, said he would be interested in an event-regulatory ordinance—an ordinance in which nonpermitted use of fireworks are banned during events such as Founders Day—rather than a full ban in the historic districts.
“I have to look up from both the safety and business standpoint as well as public enjoyment, and so that’s where I expressed my concerns,” he said.
Tahuahua also said some structures in the Old Fitzhugh historic district may not be “historic” but may be regulated because of their location in the district despite not having as high of a fire risk.
Mayor Pro-Tem Taline Manassian said the ban would help preserve the area, especially as the city puts money toward Old Fitzhugh.
“If we’re going to invest so much in improving Fitzhugh, then we ought to be protecting it,” she said.
“I don’t disagree with you,” Tahuahua told Manassian. “But I would say with the improvements of Old Fitzhugh, there’s going to be improvements to the structures that are going to make that less historic than Mercer and Hays. I would argue it’s more preservation at that point, whereas Fitzhugh is going to be more conformance to regulations.”
Council member Travis Crow, who also voted against the ordinance, said the concerns could apply to all of Dripping Springs, rather than one area alone.
“There’s a lot of structures further down on Creek Road that are old that can catch on fire but they’re not historic,” he said during the meeting. “This applies to the whole city instead of just the historic district.
Both Crow and Tahuahua also said enforcing the ban could be difficult, especially as the city does not have a police department.
Going forward
Now that the ban was passed by council, the ban will go into effect immediately following city publication of the ordinance.
Council members and city officials said they could revisit the ordinance if there needs to be changes to the areas included in the ban or to address community feedback.
