Stricter or more lax? City of O’Fallon to study fireworks regulations

O’Fallon is exploring the current policy on fireworks and what types of changes, if any, should be considered.

After a lengthy discussion at the council’s Public Safety Committee meeting on July 12, Mayor Herb Roach said the city is gathering information from other communities, law enforcement and residents.

The mayor reported the metro-east communications center — which covers Shiloh and Fairview Heights too — received over 140 calls over the three-day Independence Day holiday weekend. About 56 were in O’Fallon.

During the committee meeting, Roach questioned whether it is appropriate to not have any citations for illegally using fireworks.

“It stems from the fact that it is illegal in Illinois. There are concerns about safety for individuals and individuals’ property as well as the impact on people that have health conditions that are aggravated by the fireworks,” Roach said.

Over the holiday weekend, the O’Fallon Police Department issued verbal, not written, warnings.

Police Chief Eric Van Hook said fireworks infractions are more than a public safety issue, and it is covered under state statute. The main challenge is the calls are taxing on OPD’s resources.

“Fireworks have become socially acceptable to violate the law,” he said. “There is not going to be an easy solution.”

Van Hook explained, to issue a citation, that means 25 minutes of time per call, and officers can’t confiscate fireworks. On July 3, there were six officers on the street — if they had assigned more officers, they would not have been able to staff the city’s fireworks display at Family Sports Park.

The O’Fallon Police Department contacted other area municipalities about their number of calls and citations issued. Most did not issue any.

Roach said he worried about the time officers spend on fireworks calls that takes away from other calls, especially emergencies.

“There is concern about responding to normal calls for public safety assistance, when trying to deal with over 50 calls for fireworks. There is the concern over streets being blocked for fireworks, and individuals sitting in very close proximity, and this is sometimes going on until after midnight,” he said.

“We had two calls this year for our fire department and all three area hospitals had people treated for fireworks-related injuries,” Roach said. “We don’t want to see something like what occurred to the Columbus Blue Jackets’ 24-year-old goalie this year or a serious structure fire.”

Matiss Kivlenieks, a National Hockey League goaltender, died of chest trauma July 4 after being struck by fireworks at a party in Novi, Michigan. Police said several people were sitting in a hot tub when an element from a fireworks mortar headed toward them. They tried to get out of the tub, but he was struck in the chest. Kivlenieks was taken by ambulance to a local hospital, where he was pronounced dead. Nobody else was hurt, according to news reports.

Roach said he personally received 12-15 phone calls from residents. He urged residents to be considerate, especially of elderly neighbors with health issues.

“We need people’s cooperation,” he said.

The current O’Fallon ordinance states it is unlawful for any person, firm, business partnership or corporation to offer for sale, sell at retail, use or explode any fireworks within the city limits.

The only exception is if people have paid for and received a permit from the city to arrange a consumer display. Applications are available at the city clerk’s office, and residents must fill out the paperwork 15 days in advance; they will receive an answer within 48 hours. This must be in accordance with the State Fireworks Use Act.

The display must be handled by a competent individual who has received training from a consumer fireworks training class approved by the state fire marshal. The fireworks display location is subject to approval based on inspection by the fire chief.

The application must include proof of training completion and inspection by the fire chief. There is a fee of $10 and an insurance policy must be furnished to the city.

Yard waste, fireworks

Sparklers, toy pistols and guns, and auto alarms are not considered fireworks.

Roach said several years ago, O’Fallon banned local burning of yard waste due to possible safety issues and the impact on the health of some citizens.

“This review by the council is similar in many respects. I would anticipate several months of gathering and review of different materials before anything is considered for council action,” he said.

Roach has asked the Illinois Municipal League for guidelines and to find out what other cities are doing.

Van Hook said he was willing to listen to any ideas.

“We need an educational component,” he said.

Mayor asking for input

If a zero tolerance is determined, the fine is $750, but will that be supported? If there isn’t enough personnel to handle fireworks-related calls, should it be on the books?

The mayor asked aldermen to draft ideas over the next few months. Alderman Kevin Hagarty, chairman of the public safety committee, asked them to talk to constituents and respond with any ideas.

Alderman Todd Roach said he supported reasonable restrictions.

The mayor said it has been pointed carrying fireworks across state lines is a federal offense. What fireworks are legal in Missouri and Indiana may be illegal in Illinois.

Considered a danger to public safety and health, fireworks are heavily regulated.

More about fireworks

In Illinois, the Pyrotechnic Use Act bans the sale, possession, and use of all “consumer fireworks.” That includes firecrackers, M-80s, cherry bombs, bottle rockets and Roman candles. Violating PUA can result in up to one year in prison and a $2,500 fine.

There are not any kinds of fireworks in the state that are legal. Local governments can outlaw such things as sparklers that are not legally considered fireworks.

Because fireworks are regulated on three different levels — federal, state and local — what is legal depends on where people are.

As for federal regulations, the Bureau of Alcohol, Tobacco, Firearms and Explosives — referred to as the ATF — have been policing fireworks since the 1970s.