Does the Comm. Ct. have the ablility to ban the use of fireworks in a county owned park? We have parks that are located both inside and outside the city limits. I have not been able to find any info. Additionally, if a resolution exists,a copy would be appreciated.
Mike Hartman
Scurry County Atty.

It would seem that under LGC 331.007 (below), a county would be allowed to establish a rule that prohibited the use of fireworks in county parks. I remembered this reference from an old AG's opinion regarding counties and municipalities being able to ban the lawful carry of concealed handguns in city/county parks. More detail was provided there, but the main difference would be that one can obtain a license (and explicit legal right) to carry a concealed handgun, but to my knowledge their is neither a personal use license nor explicit right to use fireworks. Just my opinion, though...

� 331.007. Public Use
A park, a playground, a historical museum and its contents, or a historic or prehistoric site acquired and maintained under this chapter shall be open for the use of the public under rules prescribed by the governing body of the park, playground, museum, or site.
Acts 1987, 70th Leg., ch. 149, � 1, eff. Sept. 1, 1987.

Mike

Thanks! I looked at that section as well as section 320.045 and .0455. which raised the question, in a small jurisdiction, what would be the penalty for violation of the rule? We don't come close to the population bracket set out in .0455.
Is this one of those situations where a county passes the rule but has no enforcement capability?
What happens if a law enforcement officer observes a violation?
Am I missing something? I just cannnot find the answers I'm looking for.
Thanks for your help.