Are Neighbors Still Setting Off Fireworks after 4th of July?

Are neighbors still setting off fireworks after 4th of July?

This seems to be an issue every year, including in my neighborhood. I have a small baby, and hearing fireworks after bedtime can be nerve-wracking for a new mother, or a veteran with post-traumatic stress syndrome, or a pet owner whose pet is riddled with anxiety, etc. It is hard to imagine banning such an activity. Patriots have been setting off fireworks on July 4th since the Declaration of Independence was adopted (except for maybe John Adams who staunchly believed that the celebration should have occurred on July 2nd when the colonies first voted). There has to be some sort of compromise! What I always appreciated is that my neighbors discussed the issues together and came to an agreement about when where and how the fireworks were going to go off. All the neighbors seemed to respect everyone’s input.

209.006 is the only statute in Texas pertaining to HOAs and fireworks. There are also city ordinances and state law on the manufacturing and sale of fireworks. The following is not a complete version but details the pertinent parts of the law as it applies to fireworks. The law states:

“(a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.

(c) The date specified in the notice under Subsection (b)(3) must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety.

(f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.

(g) For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.

(h) The following are examples of acts considered uncurable for purposes of this section:

(1) shooting fireworks; “ What does that even mean? The legislature has categorized violations into two separate columns, curable and uncurable. Both categories require that the Association give notice of the violation. The right to cure is where the two categories diverge. If the violation is uncurable and a threat to public safety (both defined in the statute) the reasonable time to cure requirement doesn’t apply. But, if defined as a curable violation, then the owner must be given a reasonable time to cure the violation. It is hard to determine what falls under a curable violation and an uncurable violation. It is important to discuss violations with an attorney.

Here is a little background on celebrating the 4th of July if you are interested.

Life in 1775 was chaotic. The Unites States was at war. In June 1776, the 13 colonies met and vigorously debated the concept of independence. On July 2nd, the resolution to declare independence from Great Britain was voted on and passed (surprisingly it was not unanimous but very close). The Declaration of Independence was written by Thomas Jefferson and formally adopted by the colonies on July 4th.

The first July 4th celebration was in 1777 where a ship’s cannon fired off a 13-cannon salute to commemorate the colonies. Since then, the day is celebrated with fireworks, concerts, parades and barbeques.