O’Fallon Police Department sends clear message about shooting off illegal fireworks

In the first crackdown against commercial grade fireworks in the city, the O’Fallon police issued 21 citations during the extended holiday weekend July 1-5.

Director of Public Safety Kirk Brueggeman said the department received 76 calls over the weekend, with 46 on Monday, July 4, alone.

“Some of these calls were duplicate and some were not in the city. When we were able to develop probable cause, we issued a citation,” he said.

Their focus was on large displays using illegal commercial grade fireworks.

“It’s not zero tolerance. We gave some warnings. Our major concern was the mortar-style commercial grade ones — the large ones we see going up all over town, not the juveniles lighting bottle rockets,” he said.

Brueggeman told the council’s public safety committee they brought additional officers to supplement regular patrol crews on July 1-2, then spent July 3 mostly on the city fireworks detail at the Family Sports Park for the annual “Fireworks Over O’Fallon.”

On July 4, they responded to fireworks complaints, and did not have other emergencies, which would take priority, he noted.

“It was a very, very busy night,” he told the council’s public safety committee at their meeting Monday. “Since Tuesday (July 5), that has fallen off and we are not receiving calls about them.”

Brueggeman said the measure of success will likely take a year or two to figure out the impact.

This is the first year they stepped up enforcement, after an increase in residents setting off illegal fireworks prompted action this year following ongoing discussions with the public safety committee for the past year.

Brueggeman said he checked with other departments.

“We did more than any other agency in the area,” he said, noting Fairview Heights had 39 calls and issued five citations, Shiloh 24 and three citations, Belleville 34 calls and no citations, and both Collinsville and Edwardsville 17 calls and no citations.

He praised his department’s efforts.

“I was very pleased. They give up a lot of their own time to work the overtime shifts over the holiday, time away from their families. Our officers did a great job that weekend,” 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.

“Each of these mortar type of fireworks shoot projectiles that travel hundreds of feet into the air and must come down at some point, frequently on the roofs, porches and property of others in the neighborhood. They can cause serious burn and eye injuries, and property damage,” Brueggeman had said in an earlier news article.

“History has shown us that people think it’s OK to violate the fireworks laws. These are generally law-abiding citizens. It’s very common all over, but they are illegal. It doesn’t make it right. We have a responsibility to our residents to ensure a safe and quiet Fourth of July season,” Brueggeman said.

Heavily regulated

Considered a danger to public safety and health, fireworks are heavily regulated. There are not any kinds of fireworks in the state that are legal.

In 2021, the metro-east communications center — which covers Shiloh and Fairview Heights too — received more than 140 calls over the three-day Independence Day holiday weekend. Fifty-eight calls were in O’Fallon, Brueggeman said.

That resulted in further research about what action the city could take after concern about residents’ safety, as well as property damage was raised, particularly when residents had health conditions aggravated.

Violators face up to a maximum $750 fine, and City Attorney Todd Fleming will handle the cases.

What’s next?

Brueggeman said first appearances will be around Aug. 17-18. He will give the committee an update on results when they are available — likely in mid-September, he estimated.

“When we issued citations, some people were not happy about it, but they knew we were enforcing it, but they said they decided to still take chances with them,” he said.

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.

More about illegal fireworks

It is a federal offense to carry fireworks across state lines. What fireworks are legal in Missouri and Indiana may be illegal in Illinois.

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.

The city ordinance on fireworks can be found here. https://codelibrary.amlegal.com/codes/ofallon/latest/ofallon_il/0-0-0-15.