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Fireworks law leads to problems, WV cities looking to limit use

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By Laura Haight

Following the lead of South Charleston, other municipalities in the Kanawha Valley are considering ordinances to limit the use of fireworks.

The South Charleston City Council voted into law Thursday an ordinance that limits the discharge of fireworks on four holidays: Memorial Day, Labor Day, July Fourth and New Years Eve. Setting off fireworks will only be allowed until 10 p.m. on the first three holidays, and until 12:30 a.m. on New Years, South Charleston Mayor Frank Mullens said at the city council meeting.

A violation of the ordinance would result in a $500 fine or 30 days in jail, Mullens said at the meeting.

This comes just two months after the state legalized the sale of consumer fireworks, such as Roman candles and bottle rockets. Previously, only hand-held and ground-based sparkling devices were legal to purchase in West Virginia.

In Putnam County, the City of Hurricane is considering a similar ordinance, but restricting fireworks to only two holidays, Hurricane Mayor Scott Edwards said.

The penalty for violating the ordinance will most likely be a fine between $100 and $500. To enforce the potential ban, Edwards said law enforcement officers would increase patrol around holidays, which the city already does, and take complaints from residents.

The council still has to discuss the limitations, but if all goes as planned, firework usage will be limited to the few days leading up to Independence Day and New Years.

Edwards said it sounded like "World War III broke out in Hurricane," during the 10 days prior to Independence Day.

"We received a massive number of complaints," Edwards said. "I don't know if I've ever received a number of complaints like this before."

Edwards said if limiting fireworks in the city doesn't work, then the city will consider banning them completely.

"I don't want to do that. I, personally, love fireworks and love to celebrate Independence Day and New Years," Edwards said. "But, you do it the right way: think about others and be respectful."

The Charleston City Council heard complaints from residents about fireworks within city limits at its Aug. 1 meeting, and Charleston Mayor Danny Jones pledged the city would address the problem somehow.

Nitro Mayor Dave Casebolt said city officials are in the midst of preparing a fireworks ordinance, which he expects also will limit fireworks to certain holidays.

"We had numerous complaints, especially people setting them off after dark, which is against our [current] ordinance, but the problem is catching them," Casebolt said.

St. Albans also is planning to draft an ordinance limiting fireworks within city limits, St. Albans Mayor Dick Callaway said.

The St. Albans City Council's safety committee is meeting in September to discuss how to move forward with determining what the ordinance should limit.

Currently, the only way law enforcement in St. Albans can restrict the use of fireworks is if a person places a complaint against his or her neighbor for disturbing the peace, Callaway said. In return, this makes neighbors apprehensive about placing a complaint and puts law enforcement in an uncomfortable position.

The way each municipality enforces the ordinance will vary, and Callaway said the city will know more about how to enforce the potential ordinance once it passes. It may be as simple as citizens calling in to make a complaint and having an officer respond to issue a citation or make an arrest.

Dunbar Fire Chief Butch Ellis said the city of Dunbar is taking a "wait and see" approach before considering any ordinances limiting the discharge of fireworks. He said he hasn't received many complaints about fireworks being discharged, but he has received the most around holidays.

In the northern part of the state, a man was injured last weekend when he tried to launch a firework by holding a mortar tube over his head. Thinking the firework had gone off, he lowered the tube to his chest and the firework discharged.

In Morgantown, where the incident occurred, the city has an ordinance prohibiting the discharge of fireworks within city limits. The city has had this ordinance for years, but had to modify it to allow the sale of fireworks.

A representative of the Morgantown Fire Department said the police and fire departments do not actively seek out people lighting fireworks on holidays, but they respond when a complaint is made.

Reach Laura Haight at laura.haight@wvgazettemail.com, 304-348-4843 or follow @laurahaight_ on Twitter.


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