General Information

Government Type

Municipality

Entity

Moab

Public Body

Notice of Ordinance Adoptions

Notice Information

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Notice Title

Ordinance 2026-14

Notice Tags

'fireworks restrictions'

Notice Type(s)

Notice

Event Start Date & Time

July 1, 2026 08:00 AM

Description/Agenda

CITY OF MOAB ORDINANCE 2026-14 AN ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 2026-10 TO REAFFIRM PROHIBITIONS ON THE DISCHARGE OF PRIVATE FIREWORKS IN MAPPED AREAS OF THE CITY OF MOAB THAT ARE SUBJECT TO HISTORICAL HAZARDOUS ENVIRONMENTAL CONDITIONS AND TO PROHIBIT THE DISCHARGE OF PRIVATE FIREWORKS AND THE USE OF OPEN FIRES WITHIN CITY BOUNDARIES FROM JULY 1 THROUGH JULY 31, 2026, DUE TO EXISTING HAZARDOUS ENVIRONMENTAL CONDITIONS PURSUANT TO UTAH CODE § 15A-5-202.5(1)(b) RECITALS WHEREAS, the City of Moab ('City') is an incorporated municipality of the State of Utah and receives fire services from the Moab Valley Fire Protection District ('District'), which is a special district that serves as the City's fire marshal and fire code official; and WHEREAS, Utah Code § 53-7-225 authorizes the discharge of private fireworks in the State of Utah during the following periods of each calendar year: (a) July 2 through July 5 for the Fourth of July; (b) July 22 through July 25 for Pioneer Day; (c) December 29 through December 31 for New Year's Eve; and (d) two days before and on the Chinese New Year's Eve; and WHEREAS, Utah Code § 15A-5-202.5(1)(b) authorizes the City Council to prohibit the private use of ignition sources, including the discharge or private fireworks and the use of open fires, in certain areas within the City's boundaries 'due to existing or historical hazardous environmental conditions' as determined by the City's fire code official (i.e., the District); and WHEREAS, when using historical hazardous environmental conditions to prohibit the discharge of private fireworks, Utah Code § 15A-5-202.5(1)(b)(3) requires the City Council to produce a map that defines the closed area and provide the map to Grand County before May 1 of each year, before the established fire season, among other actions; and WHEREAS, because the May 1 deadline in Utah Code § 15A-5-202.5(1)(b)(3) only applies to 'historical' hazardous environmental conditions, the City Council may close an area to the discharge of private fireworks under Utah Code 15A-5-202.5(1)(b)(2) at any time in response to 'existing' hazardous environmental conditions as determined by the District; and WHEREAS, on April 28, 2026, the City Council enacted Ordinance 2026-10, which: (a) prohibited the discharge of private fireworks in certain areas of the City that are at high risk of fire due to historical hazardous environmental conditions through April 1, 2027; and (b) adopted a map depicting the areas within the City that are closed to the discharge of private fireworks ('Historical Conditions Map') in the applicable areas where historical hazardous environmental conditions are present; and WHEREAS, following the City Council's adoption of Ordinance 2026-10, ongoing and unprecedented drought conditions in Utah and within the City have worsened significantly and have increased the risk of catastrophic fire throughout the City; and WHEREAS, on May 21, 2026, Governor Spencer Cox ('Governor') declared a state of emergency on May 21, 2026, due to current drought conditions; and WHEREAS, as of the date of this ordinance, the National Weather Service in Salt Lake City has issued a 'Red Flag Warning' for all of Grand County, indicating that current conditions create the potential for rapid fire spread for new and existing fires; and WHEREAS, on June 25, 2026, the Governor issued Executive Order 2026-04 (the 'Governor's Order'), which effectively instituted a state-wide ban on the discharge of private fireworks for the Fourth of July fireworks period; and WHEREAS, the Governor's order further recommended that municipalities 'take the following steps to prevent a fire disaster during the July fireworks season: (a) Implement fireworks restrictions under Utah Code § 15A-5-202.5(1)(b) to the full extent of municipal authority; and (b) Diligently enforce laws and ordinances against unsanctioned camping, arson, and other offenses likely to cause or contribute to a fire disaster;' and WHEREAS, in accordance with the Governor's recommendation, the City has consulted with the District regarding the implementation of additional fireworks restrictions for the July 2026 fireworks season; and WHEREAS, on June 30, 2026, the District issued a letter, attached as Exhibit A, determining that existing hazardous environmental conditions are present throughout the City and that all land within the City falls within one or more of the categories for which the City Council may prohibit the private discharge of an ignition sources, including fireworks and open fires, under Utah Code § 15A-5-202.5(1)(b)(1.1); and WHEREAS, to implement the District's determination, the City Council desires to prohibit the discharge of private fireworks and the use of open fires for the period of July 1 through July 31, 2026; and WHEREAS, City Council's month-long prohibition necessitates the repeal and replacement of Ordinance 2026-10; and NOW, THEREFORE, BE IT ORDAINED by the Moab City Council as follows: Section 1 - Definitions. For the purposes of this ordinance: 1. Definition of 'Firework.' The term 'firework' will be defined pursuant to Utah Code § 53-7-202(15), which includes but is not limited to: a. A firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive; b. A skyrocket, missile type rocket, a single shot or reloadable aerial shell, aerial salute, flash shell, comet, mine, or a cake containing more than 500 grams of pyrotechnic composition; or c. A bottle rocket, roman candle, a rocket mounted on a wire or stick; or a device containing a rocket. 2. Exclusions. The term 'firework' does not include: a. An 'exempt explosive' as that term is defined in Utah Code § 53-7-202(11), i.e., model rocket, toy pistol cap, emergency signal flare, snake or glow work, party popper, trick noisemaker, match, and wire sparkler under 12 inches in length; or b. A division 1.1G explosive, a division 1.12 explosive, or a division 1.3G explosive as those terms are defined in Utah Code § 53-7-202. 3. Definition of 'Open Fire.' The term 'open fire' means: a. A fire outside of an established public facility in improved campgrounds and picnic areas; or b. A fire outside any building that is not contained within a fire pit or other barrier, an outdoor fireplace, a stationary barbeque or grill, or an incinerator, excluding welding or acetylene or other torch with an open flame and shut off valve. Section 2 - Historical Hazardous Environmental Conditions. 1. Findings. The City Council reaffirms the findings it made when it adopted Ordinance 2026-10 and the Historical Conditions Map pursuant to Utah Code § 15A-5-202.5(1)(b); namely that: c. The historical hazardous environmental conditions depicted in the Historical Conditions Map as set forth in Exhibit B of this ordinance have existed in the applicable areas for at least two of the preceding five years; d. The areas depicted in the Historical Conditions Map fall within the categories of areas subject to closure for fireworks in Subsection (2)(b)(1.1) of the aforementioned statute; e. Allowing the discharge of fireworks in the areas depicted in the Historical Conditions Map would be careless and negligent; and f. Prohibiting the discharge of fireworks in the areas depicted in the Historical Conditions Map is in the best interests of public health, safety, and welfare of the City and its residents; and g. Compliance with Utah Code § 15A-5-202.5(1)(b)(3). The City previously provided a copy of the Historical Conditions Map to Grand County prior to May 1, 2026, pursuant to Utah Code § 15A-5-202.5(1)(b)-3-; and h. Duration. The City Council reaffirms the prohibition on the discharge of private fireworks in the areas depicted in the Historical Conditions Map will remain in effect through April 1, 2027, at which time the City Council will consult with the District to determine whether historical hazardous environmental conditions warrant the extension, modification, or removal of the prohibitions depicted in the Historical Conditions Map. Section 3 - Existing Hazardous Environmental Conditions for July 2026 1. Findings. Consistent with the District's determination, the Council finds that: a. Unprecedented drought, current temperatures, and record low humidity have created a situation in which all land within the City falls within one or more of the categories of land for which the City Council can prohibit the discharge of private fireworks and open fires under Utah Code § 15A-5-202.5(1)(b)(1.1); and b. Pursuant to Utah Code Ann. § 15A-5-202.5(1)(b)2.2, the boundaries of the restricted areas identified in the map prepared by the District (the 'July 2026 Map'), attached as Exhibit C, are 'as close as is practical to the defined hazardous area' and/or are necessary to facilitate a readily identifiable and enforceable line; and c. Allowing the discharge of fireworks in the areas depicted in the July 2026 Map would be careless and negligent; and d. Prohibiting the discharge of fireworks in the areas depicted in the July 2026 Map is in the best interests of public health, safety, and welfare of the City and its residents; and 2. Restrictions on Fireworks and Open Fires for July 2026. Pursuant to the provisions of Utah Code § 15A-5-202.5, and based on the above findings, the discharge of private fireworks and the use of open fires is hereby prohibited in the areas set forth in the July 2026 Map, which is incorporated herein as the restriction area. 3. Duration. The discharge of private fireworks and the use of open fires in the areas depicted in the July 2026 Map will remain in effect until 11:59 p.m. on July 31, 2026, unless earlier terminated by action of the Council. Section 4 - Public Fireworks Displays. This ordinance will not apply to permitted public fireworks displays the City has authorized and that comply with all applicable laws and regulations. Section 5 - Violation. Violations of this ordinance will be deemed a Class B Misdemeanor and will be punishable as provided in the Moab Municipal Code and Utah law, meaning that violations may be punishable to up to one thousand dollars ($1,000) per violation under the Moab Municipal Code. Section 6 - Severability. If a court of competent jurisdiction determines that any part of this ordinance is unconstitutional or invalid, then such portion of this ordinance, or specific application of this ordinance, will be severed from the remainder, which will continue in full force and effect. Section 7 - Direction to Mayor and Staff. The Mayor and staff are authorized and directed to take such steps as may be needed: a. To monitor conditions within the City in consultation with the District to determine if additional action is needed following the expiration of the July 2026 Map and related prohibitions on the discharge of private fireworks and the use of open fires, and to provide recommendations regarding the same to the Council for action; b. For this ordinance to become effective under Utah law, including but not limited to compliance with the posting requirements of Utah Code § 10-3-711; c. To post copies of this ordinance and the July 2026 Map to the City's website and to the Utah Public Notice Website, as applicable; d. To otherwise finalize and post the ordinance, including but not limited to making non-substantive edits to correct any scrivener's, formatting, and numbering errors; and e. To take such other steps to notify the public of this ordinance that the Mayor or City Manager may deem necessary. Section 8 - Repealer. Ordinance 2026-10 is repealed in its entirety and any other City ordinances or resolutions or parts thereof that conflict with this ordinance are repealed to the extent they conflict with this ordinance. Section 9 - Effective Date. This ordinance will become effective immediately upon posting. [execution on following page - remainder of page left blank] ADOPTED AND APPROVED at a duly called special meeting of the Moab City Council on this 30th day of June 2026. MOAB CITY ___________________________________ By: Joette Langianese, Mayor ATTEST: ___________________________________ Sommar Johnson, Municipal Recorder City Council Vote as Recorded: Council Member Loftin ______ Council Member Knuteson-Boyd ______ Council Member Myers ______ Council Member Taylor ______ Council Member Topper ______ Date published on the Utah Public Notice Website per Utah Code § 10-3-711: ______________________________________________________________________________ Effective date of ordinance:_______________________________________________________ SUMMARY OF MOAB CITY ORDINANCE NO. 2026-14 On June 30, 2026, the Moab City Council enacted Ordinance No. 2026-14, which repeals and replaces Ordinance No. 2026-10, to reaffirm prohibitions on the discharge of private fireworks within those areas of the City that are subject to historical hazardous conditions and to prohibit the discharge of private fireworks and the use of open fires throughout the City during July 2026 due to existing hazardous environmental conditions pursuant to Utah Code § 15A-5-202.5(1)(b). ADOPTED AND APPROVED at a duly called special meeting of the Moab City Council on this 30th day of June 2026. MOAB CITY ___________________________________ By: Joette Langianese, Mayor ATTEST: ___________________________________ Sommar Johnson, Municipal Recorder City Council Vote as Recorded: Council Member Loftin ______ Council Member Knuteson-Boyd ______ Council Member Myers ______ Council Member Taylor ______ Council Member Topper ______ A complete copy of Ordinance No. 2026-14 is available in the office of the Moab City Recorder, located at 217 East Center Street, Moab Utah 84532. EXHIBIT A District's Determination EXHIBIT B Historical Conditions Map EXHIBIT C July 2026 Map

Notice of Special Accommodations (ADA)

In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting.

Notice of Electronic or Telephone Participation

N/A

Meeting Information

Meeting Location

217 E. Center St.
Moab, UT 84532
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Contact Name

Sommar Johnson

Contact Email

sommar@moabcity.org

Contact Phone

(435)259-2683

Notice Posting Details

Notice Posted On

July 01, 2026 07:53 AM

Notice Last Edited On

July 01, 2026 07:53 AM

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