City mulls change to fireworks rules

State gives local jurisdictions more control

Illegal fireworks during the Independence Day and New Year’s holidays have long been a source of irritation for Yuma officials. They are flooded with phone calls from citizens complaining about the loud sounds that terrify their pets and stress them out.

However, to their frustration, the city hasn’t had any control over the law regulating fireworks. This might soon change.

On Wednesday, Fire Marshal Kayla Franklin and Deputy City Attorney Rodney Short briefed the council on current fireworks rules and a change that might give the city more local control.

Short noted that the Arizona Legislature declared fireworks a “matter of statewide concern” and prohibited local control or enforcement. This applies to most “important” firework issues, and the Legislature never had the appetite to change this before now.

Franklin explained the difference between legal and illegal fireworks. “Consumer fireworks are legal. They have been legal and they will continue to be legal, but only on certain dates and only on your own private property,” she said.

State law defines consumer fireworks as a small firework device

that contains a restricted amount of pyrotechnic material to produce visible and audible effects.

“These devices stay on the ground and they don’t explode,” Franklin said.

Consumer fireworks are sold at retail stores, such as Walmart and Target, after obtaining a permit to sell them, but they can only sell them at certain times of the year, including New Year’s and the Fourth of July. Staw law governs when they can be sold.

They can only be legally used on private property. “It has been and will continue to be illegal to use illegal fireworks in city parks, in public rights of way, the streets and the sidewalks,” Franklin said.

Illegal fireworks are devices that go into the air and explode. These are illegal anywhere, on any day, at any time, even on private property.

“If it goes in the air, goes boom, anything on city street, sidewalk or park, it has been and will continue to be illegal,” she noted.

Short added: “Illegal is illegal statewide, doesn’t matter whether in the city or county.”

With Arizona declaring fireworks a matter of statewide concern and leaving nothing to local jurisdictions, cities and towns in the state were not happy, including Yuma.

A poll of city councils and mayors last year showed that “the entire 91 cities and towns, and I’m sure all 15 counties, were in the same boat as the City of Yuma, the City Council,” Short said.

This is where the new change comes in. Current state law allows sales of permissible fireworks between May 20 through July 6 and Dec. 10 through Jan. 3, but local jurisdictions could not regulate when permissible fireworks could be used.

Consequently, this year the Legislature passed Senate Bill 1275 and Gov. Doug Ducey signed it into law on March 18. SB1275 gives back “a little bit of power” to cities and counties, allowing them to make some local rules associated with fireworks, Short noted.

SB1275 now allows municipalities to restrict use of permissible fireworks on all days from 11 p.m. until 8 a.m., except for the Independence Day and New Year’s Eve celebrations, where the permissible fireworks may be used until 1 a.m.

“It’s no longer a free for all when people can set off permissible fireworks at all hours of the night, anytime they want, and local jurisdictions like city council, town council, county supervisors have zero say,” Short said. “They now say you too have a say. You can block permissible fireworks from 11 p.m until 8 a.m with the exception of the two major holidays.”

It requires a local ordinance, and Yuma would need to modify its code to follow state law.

The catch, however, is that SB1275 takes effect 90 days after the Legislature adjourns. This means that it won’t be in effect until after July 4.

However, Short pointed out that most of the complaints are about illegal fireworks, which will continue to be illegal no matter the time of day or place, whether in the city or county.

But citizens still have a couple of options, including “civil remedies.” If fireworks damage property or cause a fire, a citizen can go to court for relief.

“Often the insurance company or the offending person will have to pay,” Short said.

Citizens can also help police investigate illegal fireworks. Oftentimes, residents will call the police, but they can’t say who did it and where it came from.

“Police can’t do anything without evidence … There has to be something for the police to investigate,” Short noted.

Councilman Gary Knight said he would like to see a change to the ordinance to reflect the new law. “It irritates me that they have no respect for their neighbors, and most of the time it’s because they have pets that are absolutely scared to death of fireworks, the loud noise,” he said.

“I would like to see our ordinance reflect the new law, and be able to put in there anything we can to be able to stop them. I’m tired of getting phone calls,” he added.

Knight asked whether it would be sufficient, much like the barking dog ordinance, to have two neighbors complain. Short explained that it would be very difficult unless they saw the fireworks go off. But if two people saw it “and they’re willing to swear in the complaint, ‘Yes, I saw it, I witnessed this,’ it’s very, very strong, and police have something to go on.”

Knight suggested residents record the explosion.

Councilman Mike Shelton also supports a change to the local law. “I have personally seen missiles shot from streets, not some little dinky toy out of a backyard, that could land on an apartment or house and light it up,” he said.

“I think ash on the street from a rocket would constitute evidence, matches would constitute evidence. Someone does have to be willing to say something and not just blow it over.” Shelton noted. He called for “public willingness to stand up and say the people have to follow the rules.”

However, Shelton warned against confrontations. “We don’t want to encourage mano a mano stuff. Dealing with fireworks, we need to be cautious and reasonable in all of this,” he added.

Mayor Doug Nicholls said he was disappointed that local jurisdictions are still restrictive when it comes to firework regulations. He noted that last year, during New Year’s, he heard illegal fireworks coming from four different directions.

“It might not be in all neighbors but it is in most neighborhoods,” he said.

Nicholls also pointed out that police resources are limited. “I would also recognize, during those times, the Police Department is already doing all things they normally do at night. They don’t have people just sitting around waiting for fireworks to go off. From a resource perspective, there are huge challenges in trying to chase down where all this is happening,” he noted.