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City introduces fireworks ordinance

Measure could be adopted in time for Memorial Day

Without the metaphorical fireworks that sometimes heat up municipal meetings, City Council on Wednesday introduced an ordinance that would prohibit use of literal fireworks between 11 p.m. and 8 a.m. — an attempt to forestall a repeat of the pyrotechnical fusillade that marred Independence Day last year after the state liberalized its fireworks law.

Municipalities can add restrictions on time and place to supplement provisions of state law and also impose prohibitions on “nuisance” behavior, said solicitor Dan Stants after the ordinance introduction.

The proposed ordinance also reiterates requirements that are in the state statute, including a prohibition against the use of fireworks within 150 feet of occupied structures and on any property, including public property, without consent — provisions that should help in local enforcement, Stants said.

Council can adopt the ordinance in time for Memorial Day, officials said.

The state’s new law now allows consumer use of firecrackers, Roman candles and bottle rockets — while still prohibiting M-80s, blockbusters and cherry bombs without a professional license.

“We realize we can’t (impose) an outright ban,” said Mayor Matt Pacifico, who has been working on the ordinance with Councilman Erik Cagle and Stants. “But we’re hoping the time (restriction) might help.”

The General Assembly is considering a scale back at the state level, although Pacifico isn’t happy with all of its provisions.

One would increase the required distance from an occupied structure to 500 feet, but “they could change it to five miles” to no avail, if there isn’t a way to make enforcement more practical, according to the mayor.

Enforcement will still be “a nightmare” after council adopts the ordinance, Cagle said.

Increasing fines at the state level might help, given that some fireworks users last year were so unconcerned they prepaid their fines, Pacifico said.

What’s ultimately needed is “common sense” among citizens, Pacifico said.

Mirror Staff Writer William Kibler is at 949-7038.

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