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City attorney says governor's emergency order and fire‑chief recommendation justify Moab's July fireworks ban
Summary
City attorney Nathan told the council the governor's emergency order covering the July 4 period and the fire chief's letter mean the town meets statutory categories for a citywide restriction; Nathan said the city may monitor and adapt ordinances as conditions change.
City attorney Nathan told the Moab City Council on June 30 that a recent governor-issued emergency order covering the July 4 fireworks period, combined with the fire chief's assessment of local conditions, provides a legal pathway for the city to expand its fireworks ban for July.
"The governor's order effectively...replaced and, negated the need for the mayor's order," Nathan said, and added that the governor recommended cities consult their fire chiefs and exercise authority "to the fullest extent of law" where local conditions meet statutory categories. Based on the fire chief's letter, Nathan said Moab now fits the statutory categories used to justify prohibiting fireworks citywide.
Nathan told the council that the ordinance largely codifies the fire chief's recommendation and that staff will continue to monitor conditions and may amend the ordinance later if necessary. He also noted the ordinance quotes state definitions of fireworks to help residents and enforcement officers identify prohibited devices.
