Booming business?
City Council may lift ban on sale of fireworks
By Thomas Wilson
STAR STAFF
twilson@starhq.com
The city of Elizabethton could have a louder than
usual July Fourth if the City Council amends a city ordinance
pertaining to the sale and discharge of fireworks.
"We've annexed areas in which the sale and discharging
of fireworks is legal," said Mayor Sam LaPorte. "We want to
make it legal under safe conditions and try to regulate both
the discharge of fireworks in the city and the sale of them."
The sale and discharge of fireworks within city
limits is presently illegal. Under a proposed ordinance on the
Council's agenda Thursday night, the city would issue a seasonal
sales permit for the sale of fireworks within the city.
It is a proposition that does not sit well with
the city's fire chief.
"I don't think any fire chief in the country would
say they want to do it," said Fire Chief Mike Shouse, who's
department opposes changing the ordinance. "Officially, we don't
want to see it happen for safety reasons."
All seasonal retailers must obtain a $300 permit
from the city while a public fireworks display requires a $100
permit. City permits would only be issued if an applicant also
presented a similar fireworks license issued by the state fire
marshal's office.
The ordinance allows the selling and discharge
of fireworks from June 20 to July 5, and Dec. 10 through Jan.
2 every year. Fireworks vendors have sold fireworks inside Carter
County for decades where sales are legal.
"It is sold all around us and brought into the
city," said LaPorte. The Mayor said it made little sense for
citizens to purchase fireworks outside the city limits and bring
them back to the city where they were legally prohibited from
lighting up a Roman candle.
"We've been trying to address this for the last
year," he said. "You might as well regulate what is going on
with it."
The city currently issues fireworks permits for
public displays such as the Covered Bridge Festival. With a
little more than three weeks until the Fourth of July -- the
veritable Christmas holiday for fireworks merchants -- the timing
of the ordinance is a factor to both the city and prospective
permit applicants.
If the Council passed the ordinance opening the
door for fireworks dealers, the Mayor said he had no problem
calling a special meeting to approve the ordinance on a second
reading before July 4.
"If it turns out that its not a good idea, or a
popular idea, we will discuss that and make a decision," said
LaPorte.
Shouse said that in the event Council passed the
seasonal sale ordinance, the department wanted rules and regulations
in place to ensure public safety as much as possible.
Seasonal retailers would be limited to selling
from permanent structures and tents if the tent met appropriate
safety regulations for flame resistance. Fireworks sales from
a a bus or semi-trailer that allowed entry by the public would
be prohibited.
Fireworks could not be discharged between 12:30
a.m. and 8 a.m. -- a time frame taking into account the New
Year's Day holiday. Retailers selling fireworks must be at least
18 years old and all permit applicants must be at least 21 years
old, according to Shouse.
The ordinance also sets distances from churches,
schools and other structures where fireworks could be sold or
discharged. "We don't want someone with 5,000 pounds of explosives
to set up near Blossman Gas," Shouse said.
Novelty fireworks such as sparklers or "glow worms"
containing less than .8 grains of explosive content could be
sold in any business holding a business license.
Any violation of the ordinance would result in
the seizure and destruction of fireworks. Large devices such
as M-80, M-100, and notorious "cherry bomb" fireworks are illegal.
Shouse pointed out possession or discharge of these explosive
devices was a Class E felony under state law.
"Our main concern is safety, not only to lives
but to property," he said. "That's why we don't want to do it."