Valley cities brace for revamped fireworks law
- Many cities and towns are revising their ordinances prohibiting the use of consumer fireworks
- Scottsdale prohibits the use of consumer fireworks within a mile of the McDowell Sonoran Preserve and Pinnacle Peak Park
- Municipalities are urging residents to attend professional fireworks displays and not set off their own fireworks
Cities and towns across metro Phoenix hope a change in state fireworks laws doesn't prompt an increase in fires this Fourth of July.
Senate Bill 1158, signed by Gov. Jan Brewer in April, requires municipalities in Maricopa and Pima counties to allow the sale and use of ground fireworks around July 4 and New Year's Day.
The law allows their sale from May 20 through July 6 and from Dec. 10 through Jan. 3 and their use from June 24 through July 6 and from Dec. 24 through Jan. 3.
Permissible fireworks include ground spinners, sparkling wheel devices and cylindrical, square, cone and California rocket-shaped fountains.
Previously, municipalities had to allow the sale of the items but could ban their use within city or town limits. Many Valley communities opted to do just that.
Now, many of those same cities and towns have been forced to amend their ordinances to comply with state law. A concession that was included still allows cities and towns to ban the use of any fireworks in areas near open preserve lands.
Skyrockets, bottle rockets, firecrackers, Roman candles and aerials are not permitted under the new law.
The new law applies only to communities in Maricopa and Pima counties. Municipalities in Arizona's other counties can ban the use of the fireworks, primarily because of wildfire concerns.
Randy Herrman, owner of Red Hot Fireworks, said the change in law is positive because it closed loopholes that other vendors were using to sell fireworks in areas they weren't supposed to, and it specifies that only ground-effects fireworks and not aerials are permitted.
"If you use common sense, they're not hazardous, they're not going to cause a fire," he said. "Is it good for the state? Yes, it makes it very clear on what's legal and not legal, ground effects and no aerials. What we sell now is pyrotechnic composition, not explosive composition."
The League of Arizona Cities and Towns actively opposed the bill, said Ken Strobeck, the group's executive director. However, the bill "didn't get a large groundswell of opposition from cities, especially because it did have the restrictions in areas where wildfires occur, so we were unable to get it stopped," he said.
The bill gained most lawmakers' support because the "fireworks lobby has been heavily involved in lobbying members," Strobeck said.
Scottsdale Fire Chief Tom Shannon and Fire Marshall Jim Ford sent Brewer a letter urging her to veto the bill.
The bill makes it a Class 1 misdemeanor with a mandatory minimum $1,000 fine for using fireworks on preservation lands within a city that has purchased 15,000 acres or more for preservation purposes. That would include Scottsdale's McDowell Sonoran Preserve and the Pinnacle Peak Park.
"This is our high fire- danger time right now, every year, and July 4th is one of our busiest days, the biggest risk for wildfires," Ford said.
Earlier this month, the Scottsdale City Council adopted a revised ordinance to comply with the new guidelines. It prohibits the use of fireworks within 1 mile of the preserve and Pinnacle Peak Park and on all public property.
Outside the 1-mile radius, permissible fireworks can be used only on private property with the owner's consent by residents 18 and older.
Other larger Valley cities also are complying with the new law, albeit grudgingly.
"Obviously, Phoenix is not a huge fan of people using fireworks," Fire Inspector Brian Scholl said. "That's why we say don't use fireworks, even the permissible stuff.''
He said South Mountain Park and other parks within the city still remain off-limits for all fireworks.
In Mesa, the use of permissible fireworks already was allowed on private property with the owner's consent from June 28 through July 4 and from Dec. 30 to Jan. 1.
"For us, it's just restricting the sale to right around the use," said Fire Marshal Rich Kochanski, who also is a deputy chief.
The Glendale Fire Department is urging residents to attend a fireworks show instead of igniting their own, public information officer Michael Young said.
"There's no such thing as a safe and sane firework to us," he said.
Earlier this month, the Fountain Hills Town Council amended its code to comply with the legislation.
"This needed to be done based on the governor declaring it an emergency, which makes no sense to me," said Dave Ott, Fountain Hills' assistant fire cChief. "It's just the opposite, not preserving the health and safety, but it's not my doing."
The new law contains a provision that made it effective immediately upon Brewer's signature.
The Chandler City Council was scheduled to revise its ordinance Thursday night to prohibit the use on public property, such as parks, streets, schools and retention basins, said fire Battalion Chief Tom Dwiggins said.
Tempe will revisit its ordinance later this summer, City Manager Andrew Ching said.
Peoria already has changed its ordinance to adhere to the new law. It previously banned the use of all consumer fireworks within the city.
"I believe all cities are on the same page for fireworks this year," said Bo Larsen, a Peoria spokesman.