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Garland council narrows enforcement gap in fireworks ordinance to cite homeowners hosting large parties
Summary
Council approved an amendment allowing officers to cite homeowners who host gatherings where fireworks are discharged when individual shooters cannot be identified, with police clarifying homeowners would not be held liable when neighbors trespass onto private property.
Garland City Council on May 5 approved an amendment to the city's fireworks-prohibition ordinance intended to help officers enforce reckless fireworks use at large gatherings.
Garland Police explained the change would allow officers to cite the homeowner who is permitting a large party where fireworks are discharged when officers cannot identify the individual(s) actually firing the fireworks. The chief told council the task force that patrols holidays such as July 4 and New Year's Eve has struggled to identify the shooter in crowded situations, and the amendment "allows us to issue the citation to the homeowner who is allowing that to happen" when the shooter cannot be identified. Councilmember Dutton, who pulled the item for discussion, said she hoped the change would enable enforcement of "the troublemakers." After a motion by Dutton and a second by Mayor Pro Tem (second name recorded in the transcript only as "Mayor Pro Tem"), the council approved the amendment unanimously.
City staff clarified that the intent is not to penalize homeowners who truly had no control over fireworks on their property. As the chief said in answer to a council question, "If the homeowner receives a citation in that type incident, something has gone horribly wrong." The ordinance change moves enforcement emphasis toward individuals who are actively shooting fireworks while preserving police discretion in complex scenes.
Council approved the consent agenda earlier in the meeting and then approved the amended fireworks ordinance in a separate vote; the record shows the fireworks amendment passed unanimously.
