Council votes for total ban on fireworks within city limits

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SANDPOINT — The Sandpoint City Council voted 4-1 at a special meeting Wednesday night to ban all fireworks within city limits. The decision comes at the heels of the board of county commissioners’ ban on fireworks in the unincorporated areas of Bonner County Tuesday.

Council members debated over the merits of a full ban versus allowing “safe and sane” fireworks — a definition that, generally speaking, refers to non-aerial fireworks such as fountains, sparklers, snakes and others.

Interim Fire Chief Dale Hopkins said he supported providing consistency for the sake of enforcement, and thus allowing “safe and sane” fireworks. Bonner County’s definition specifies aerial fireworks and excludes others such party poppers.

However, several council members noted, because “safe and sane” lacks a clear and distinct definition, there could be a challenge for residents to know which fireworks they can set off and which they can’t. The incredibly hot and dry weather also had several council members worried.

“We are safe and sane and sober individuals right now trying to argue and debate this and try to figure out what should or should not be caught on fire. My concern is, I don't want my town burned down,” said Councilman Andy Groat. “We are not in safe and sane times. It has been very, very hot. So why would we have safe and sane fireworks?”

Councilwoman Deb Ruehle also noted that while “safe and sane” fireworks are generally considered less dangerous, they could still easily start fires if used improperly or tipped over.

“It just concerns me the level of possible intoxication on Fourth of July in and around many, many parties. People not aware of what they have, and they set it off and there’s many big problems,” said Ruehle. “I don't want to put a damper on anyone’s party, but it would be a lot worse to see homes burned down.”

The lack of clarity on what is considered “safe and sane” could also make it difficult for police to enforce the ban, said Councilwoman Shannon Sherman. Calls could come in from neighborhoods where some happen to fall under safe and sane, and others don’t. An exception also means those who don’t follow the rules could potentially get away with more.

“It is going to be incredibly confusing. Even if our collective resolution is different than the county’s,” she said. “I think people will take advantage of it and say, ‘Well, I didn't know — I had no idea that this was not considered sane and safe.’ So it's just going to be out of control, I think, if we allow some and not others.”

One question, asked by Mayor Shelby Rognstad, was whether the city would have any liability if they banned the fireworks after granting business licenses to several fireworks vendors.

Andrew Doman, legal council for the city, said the city may incur some liability in that regard — however, they needed to weigh it against the other risks to citizens.

“If there were some kind of liability [in regards to the fireworks stands], I feel like that is much less than what we could have relative to our homeowners and our businesses burning down if something were to go extremely wrong,” Ruehle said.

The ban does not ban fireworks stands from selling fireworks, but customers would have to save them for a different time in the future.

Out of all the council members present, John Darling was the only to oppose a complete ban on fireworks. The enforcement, he said, should be consistent with the county.

“Safe and sane fireworks are as American as it gets for young children to do in their backyards, to do it in their streets,” he said. “It's going to be impossible [to enforce], it's going to be a waste of time and effort of our law enforcement teams to go around and chase sparklers.”

One member of the public, Steve Wasylko, also said he didn’t think the ban would be enforceable.

“I think a ban in general is not going to work. Every block spends $1,000 on fireworks every year,” he said. “People are not going to do it safely [if there’s a ban].”

Although law enforcement will not be able to catch every person violating the ban, Ruehle said she believes having a clear-cut ban is better for public understanding.

“You can't enforce everyone who's wearing a seatbelt. But we also have seatbelt laws,” she said. “So I think you need to look at the education piece of it.”

Rognstad and Councilwoman Kate McAlister both noted strong public support for banning fireworks.

“I probably heard from 50 people who said ban all fireworks in the city of Sandpoint and I've probably heard from one person that said don't ban fireworks,” she said.

Council members McAlister, Ruehle, Groat and Sherman voted yes on the ban, with councilman Darling voting no. Councilman Joel Aispuro was absent.

The ban is set to expire at the end of the fire season, which is generally considered when burn permits are no longer required on Oct. 20. However, the council could revisit the ban if it is deemed no longer necessary.

Representatives from Westside Fire District and Sagle Fire District were also in attendance, with Westside Fire District opting to ban fireworks, and Sagle Fire District banning fireworks with the exception of “safe and sane.”