Police Will Ticket Offenders

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By Bobbi Mlynar (Contact)

Originally published 01:05 p.m., June 24, 2008
Updated 01:05 p.m., June 24, 2008

People who shoot off their own fireworks displays within the Emporia city limits may receive tickets this year instead of warnings from police.

The ticket topic arose during an interview on fireworks safety and handling with Fire Marshal Tom Andrews.

The fire department views fireworks from a safety standpoint: injuries and fires.

Emporia police have the advantage of preventive intervention for both aspects.

“Since the city has been lax in years past, I think we should warn people — fair warning,” Andrews said, prefacing his talk about safety. “...The police will be enforcing the ordinance.”

Police Chief Gary Smith confirmed that officers will indeed write tickets for violations whenever possible.

“What we witness first-hand and what people will sign a complaint on is what we’ll probably go on this year,” Smith said. “... We’ll be doing that with our regular load of holiday calls that we’ll be getting as well. We’ll put them in the queue and certainly try to prioritize them as best we can.”

He added that time spent dealing with fireworks calls is time not spent doing police work in other arenas.

Smith has asked his staff to identify areas that have been problems during past July 4th holiday weekends, so they can watch those areas more closely.

“The challenge is getting out and actually witnessing the violation,” Smith said.

The alternative is having a reporting witness who can identify the violators and who is willing to sign a complaint.

Smith also cautioned buyers to make sure what they’ve purchased is legal in Kansas.

“You shouldn’t assume just because you buy it, it’s legal. We’ve learned through error and mischief sometimes that that’s happened,” he said.

Police will confiscate illegal fireworks, resulting in a loss of the products and a fine and court costs as well.

Still, the Class C options for legal fireworks in Kansas are considerably more encompassing than that in Smith’s former home state.

Smith, who came to Emporia from Northfield, Minn., in January, said that then-Gov. Jesse “The Body” Ventura signed a law allowing a small selection of fireworks to be used in Minnesota. The state previously had banned all fireworks.

Ventura’s signature freed citizens to use only sparklers, bubbling fountains and poppers.

“You know how everybody adhered to that,” Smith said wryly.

Smith asked that Emporians remember that all fireworks are illegal inside the city limits, and to behave accordingly. Even simple fireworks, long considered appropriate for children — like snakes, poppers, and sparklers — are illegal here.

Bottle rockets, M-80 cherry bombs and other high-powered explosive fireworks are illegal statewide.

“They could even get the attention of Alcohol, Tobacco and Firearms,” he said. “... It’s rare, but it’s not out of the realm of possibility.”

Smith cautioned that changes can occur within the chemical make-up of fireworks because of exposure to light or moisture, or being kept on the shelf too long.

“You really need to be scrutinizing who you buy it from, where you buy it,” he said.

Andrews advised buyers to check the package labels to see how the contents are classified. Most fireworks are Class C, which is legal in Kansas but illegal in Emporia.

The city allows displays by professional pyrotechnicians. Permits are required, and must be obtained at least 14 days in advance.

The permit requires, among other criteria, proof of insurance or bond for the display, a state license to shoot fireworks, and a detailed diagram showing distances between the display, structures, power lines, and observers.

The state laws on fireworks, as well as the city ordinances, are strict.

“In fact, if you want to transport fireworks through Kansas, you have to have a permit,” Andrews said.

He cautioned parents to exercise care with sparklers, a favorite of young children. Sparklers can reach a temperature of 1,800 degrees Fahrenheit.

“Those probably end up being as dangerous as firecrackers for the little kids,” he said.

Fireworks stands can sell products in Kansas beginning Friday through July 5. Unlike Missouri, Kansas does not allow fireworks sales year-round.

Undersheriff Richard Old said that vendors outside the city limits must follow state laws and regulations.

“To operate the business, they have to apply to the County Zoning Department,” he said.

Flood Plains Manager and Zoning Administrator Sam Seeley takes the applications for a temporary use permit to allow sale of fireworks; after the application is approved, the cost is $50, payable to the Lyon County Clerk, Old said.

People who have access to shooting of fireworks on property outside Emporia need to use care during the shooting, and need to clean up afterwards.

“Be careful of dry grass and structures,” Andrews warned. “If they do start a fire, call 911.”