(Spencer)– The July 4th holiday is now just a little more than a couple of weeks away. And as more and more fireworks stands open for business comes a reminder to be aware of local laws regulating the use of them before you make any purchases. Spirit Lake City Attorney/Administrator Gregg Owens says there’s only a very limited type of fireworks that can be used in the city…
“There are things classified under state law and I would refer people to that, called consumer fireworks, that can be used on property that’s private and of course things like ordinary sparklers and snakes, those kind of things that you and I probably grew up thinking were legal when we were kids, CAN be used. But most of the things that people are setting off nowadays and purchasing as fireworks would be illegal in the city of Spirit Lake.”
Owens says there are two different fines that are levied, depending upon where the illegal fireworks are discharged…
“$250 maximum fine for violation of the ordinance but any use of fireworks on public property would result in the possibility of a fine up to $500.”
Owens adds the owner of the property from where illegal fireworks are being discharged can also be held responsible…
“Not only does the ordinance reach the person that actually detonates fireworks so to speak, but it also makes property owners responsible for anyone who maybe conducting that activity on their property.”
The city of Spencer also bans the use of 1st class consumer fireworks. Police Chief Mark Warburton…
“So people ask what are the first class consumer fireworks? Basically it’s anything that flies up in the air: firecrackers, roman candles, bottle rockets, all of your typical fireworks like that, that’s illegal. So your second class consumer fireworks ARE able to be used here in Spencer and those would be like your sparklers, your cone fountains, your snakes, stuff like that would be. Now if you’re caught in violation of using the first class consumer fireworks, it’s a minimum fine of $250 so again when you get court costs, sure charge and all of that, it’s $342.50. So is it really worth discharging these fireworks for 342 bucks. So I hope that the public takes the time to honor the ordinance and think about their neighbors and everybody else and the reason we have the ordinance now.”
Since fireworks ordinances vary considerably from one jurisdiction to another, it’s a good idea to contact the governmental entity in which you reside to find out what the law is.
