By Moses Leos, III

An ordinance banning fireworks outside of Buda nearly silenced a yearly Fourth of July display in the Coves of Cimarron, a subdivision outside the city limits. 

Buda’s rules leave residents questioning the city’s reach into its extra territorial jurisdiction (ETJ). 

“I have no vote and I have no voice [on city matters],” Coves resident Brian Foley said in an interview prior to the holiday. “It’s being forced on hundreds of people… something that’s being forced upon us unwillingly.”

The ordeal began when the Buda Blast Masters (BBM), organizers of the Coves of Cimarron fireworks display, started planning its annual Fourth of July fireworks celebration.

Since 2011, the event has drawn 300 to 400 people annually, with the homeowners association (HOA) paying for a portion of the display, which averages $1,700.

However, according to Foley, whispers of the celebration reached the city, which sought to stop the display. 

“I don’t know how they know about our show, unless someone tipped them off,” Foley said. “I have no earthly idea how they found out.”

The ordinance, which Buda City Council passed in August 2013, then amended in May 2014, bans the sale or use of fireworks within 5,000-feet of city limits. Buda’s ban is similar to those found in Austin, Kyle and San Marcos.

Texas Local Government Code chapters 217.041 and .042 allow home-rule cities to place a 5,000-foot ban on nuisances, which include fireworks. It also allows cities to enforce that rule. 

Buda Director of Planning Chance Sparks said the city’s fire marshal, along with support from the Buda Police Department, enforces the ordinance.

Organizers claim they had no prior knowledge of the rule until they met with Buda Fire Marshall Mike Duffey on Monday.

The issue was reported in the Hays Free Press in 2013.

As a way around the ban, the BBM tried to apply for a fireworks use permit. Duffey informed organizers no permit could be issued, as the city is the only entity that can be granted one.

“I can’t change that. That’s what it is. Unless you are the city, there’s no selling or detonating of fireworks [according to the ordinance],” Duffey said. “There’s no provision for a permit.”

That issue added to a second problem the display organizers faced — funding.

Coves resident Jack Drewien said the HOA appropriated funds last year for the display. When it was brought up in June, the HOA Board informed residents funding would not be provided. The reasoning was that HOA had to spend money on sign expenses, pool security system costs and facility maintenance.

Community members who wanted to continue the fireworks celebration started collecting donations. As of July 3, they raised nearly $2,000, with more coming in, according to Foley.

But some residents had additional concerns with the HOA and its involvement with the city.

Foley said the HOA board didn’t reach out to residents about the display prior to Thursday’s board meeting.

“Their silence has been questionable,” Foley said. “The timing is suspect.”

Drewien, who helped collect donations for the display, said he was asked to give donations he received to the HOA.

He was unwilling to comply with the request.

“They can kiss my butt,” Drewien said. “I will give it back to the people who donated it.”

HOA board members deny contacting the city regarding the event. They claim they first heard of the ordinance on July 3.

Duffey said the Buda Fire Department knew about the display, but were never approached for a permit.

 “What they should have done is get with us beforehand,” Duffey said. “That’s something we could’ve addressed. We can do it in the future.”

But why was there no discussion for a provisional permit?

 “That did not come up,” Sparks said. “Nobody contemplated that sort of situation.”

The inability of neighborhood residents to voice their opinions is a sticking point for some in Buda’s ETJ, who cannot vote on city matters.  

 “It’s an utter shame, for whatever reason, [for the city] to slap an ordinance on us,” Drieien said. “The long arm of the city council pokes me in the eye and [that] stirs me up.”  

Questions over how to move forward were discussed at the HOA’s board meeting on Thursday. According to board member Ann Moreland, the HOA first found out about the ordinance on July 3.

Almost all residents at the meeting supported holding the show, despite the $500 fine that would likely result.

“I’ll pay $100 of the fine… I’ll pull out my checkbook right now,” one resident offered.

Several attendees reasoned the event was an alternative to allowing children to use fireworks on their own.

However, many expressed dismay toward the city.

“[The city] shouldn’t have the right to make decisions outside of the city limits,” HOA board member Moreland said.