Upper Arlington expected to maintain fireworks ban after state restrictions loosened for holidays

2022-05-19 09:22:15 By : Ms. Lisa lee

The city of Upper Arlington is expected to maintain its ban against fireworks, despite a recent state law that makes allowances on specific holidays. 

Last November, Gov. Mike DeWine signed House Bill 172 to allow adults to use consumer-grade fireworks on private property on more than 20 days, including New Year's Eve and New Year's Day, Cinco de Mayo, Juneteenth, Memorial Day and Labor Day weekends, July 3-5 and on Diwali. 

The new state law goes into July 1. 

Upper Arlington City Council is scheduled May 9 to pass an ordinance that would affirm the city's restrictions against discharging fireworks within the city. 

"The city of Upper Arlington has had a ban on fireworks being let off in the city," said Darren Shulman, Upper Arlington city attorney. 

Shulman said the new state law contains a provision that allows local governments to continue to ban the use of fireworks. 

"(The State Fire Marshal's Office) recommended we reaffirm that to make it clear that, although the state law is newer than our existing law, we intend to still be in effect," he said. "So, all this (proposed ordinance) does is reaffirm that we do in fact intend to keep our existing law on the books, despite the state law change that allows it." 

Bexley also is taking similar action to the proposed Upper Arlington ordinance.  

Upper Arlington's existing laws state that it's illegal to discharge any fireworks in the city without a written permit. This prohibition includes the discharge, ignition, explosion or "otherwise use any novelties and trick noisemakers, model rockets, black powder special effects or wire sparklers within the city." 

The law further states that city fire officials or police may seize, take, remove or cause to be removed, at the expense of the owner, all fireworks, novelties and trick noisemakers, model rockets, black-powder special effects and wire sparklers used or possessed with intent to be used.

Shulman said he proposed maintaining the city's existing restriction after meeting with Upper Arlington Fire Department officials, who he said "strongly recommended that they would like to keep our existing ban in place for safety reasons."

Despite the recommendation, individuals or groups who wish to discharge fireworks or have a display can obtain a written permit from the city.

Shulman said the permit fee is $3,500, "which covers the cost of staffing the event with fire personnel to ensure it is safe and police to secure the area." 

Brian Hedge, community-affairs manager for the city, added the fee is $3,500 "because a fireworks show requires 30-100 man hours of review and time, on-site work, extra medics, etc."

Hedge added that an exhibitor licensed by the State Fire Marshal’s Office must be on-site during the display and "there are extensive checklists that must be followed."  

Additionally, City Manager Steve Schoeny said the city won't change enforcement related to the discharge of fireworks. 

"We do not go out and proactively look for kids with sparklers," he said. "We don't go out and really look at folks that are doing things that really don't pose a larger threat.

"But what this does give us the ability to do is, if we do see somebody being wholly irresponsible, or even largely irresponsible I should say, it does give us the ability to come in and tell them there are laws."