Citing his desire to maintain personal freedoms, councilman Jack Kelly continued to push for an election to settle the question of whether to allow fireworks in the city.
“It’s the freedom thing. It’s a little freedom we’ve always had.
Now, it’s taken away from everybody,” Kelly said. “If you’re dumb enough to go blow your thumb off, then it’s your problem ... If it can be put to the people next November, let’s put it to a vote.”
The Council met as a committee of the whole at 3:30 p.m. April 13. Councilman Bob Cottingham was absent. The city’s ordinance prohibits discharge of fireworks except by permit for public display. An ordinance being considered would allow a limited amount of time for discharge of fireworks as well as the sale of fireworks inside the city limits.
Kelly said: “Put the vote to the people and let the people decide instead of one to four people who may have their own agenda.”
“You could shoot ’em when I came home in ’68, I know for a fact,” Kelly said.
Mayor Jackie Crabtree said state law limits the number of days fireworks may be sold and discharged. The city may be more restrictive than the state, but not less restrictive.
Fire Chief Frank Rizzio said he would refer to the state fire protection code. Police Chief Tim
Ledbetter said time restrictions in addition to days would be beneficial.
“I don’t believe I should be telling my next door neighbor whether he should be able to shoot fireworks,” Kelly said.
“We’re responsible for the public health and safety,” Crabtree said. “If they’re shooting at 3 or 4 in the morning next to your house... .”
“They did for 100 years,” Kelly said.
The state law allows for selling fireworks from June 20 through July 10 and Dec.
10 through Jan. 5.
Council member Nadine Telgemeier asked if the city’s current noise and litter laws would take care of the concerns associated with fireworks.
“Noise is like pornography, you can’t define it, but you know it when you see it,” city attorney Howard Slinkard said.
Kelly said the city should not be more restrictive than the state laws.
“I kind of like the libertarian approach, Jack,” Telgemeier said.
Councilmen also discussed cost for a business permit to sell fireworks andthe size of the sign advertising it. The ordinance was to be presented at the regularApril council meeting Tuesday night, after deadline for this week’s newspaper.
FIREWORKS LAWS
◊Ordinance 20, April 2, 1959: “An ordinance to
prohibit shooting of fireworks, firearms or air
rifles in the town of Pea Ridge.”The ordinance was
signed by Mayor Hershell Walker and attested to by
clerk/recorder Fred McKinney.
◊Ordinance 192: “An ordinance prohibiting the
discharge of firearms, air rifles, bows, fireworks,
and explosives within the corporate limits of the
city of Pea Ridge; providing penalties for violation
thereof; and declaring an emergency.” Passed and
approved Jan. 28, 1993, and signed by Mayor Mary
Rogers and attested to by city recorder Sandy
Easley.
News, Pages 1 on 04/20/2011