Like many municipalities trying to write a fireworks ordinance, the Eldred Township Planning Commission discovered enforcing it is the Achilles’ heel.

Robert Boileau, chairman of the planning commission, brought a sample ordinance to the group this month to review.

Boileau said there hasn’t been a problem with fireworks in the township, but they wanted to be ahead of it.

“We would like to have something we could refer to,” he said.

Boileau said the township has a nuisance ordinance and an ordinance that deals with noise at 60 to 70 decibels. Fireworks are in the 150 to 175 decibel range, he said.

An ordinance governing short-term rentals prohibits renters from setting off fireworks on the properties.

Supervisor Scott Clark said the state police will come out for a disturbing the peace call.

Confiscated fireworks

Supervisor Blaine Silfies asked where the planning commission intends to store confiscated fireworks until they can be destroyed. He said the township doesn’t have anywhere to store them.

Supervisors’ Chairman Gary Hoffman added, “If someone is going to be cited for fireworks, you’re going to have to keep it as evidence for the hearing.”

Township solicitor Michael Gaul said confiscating the fireworks is a problem, because although they have a zoning enforcer, he isn’t a police officer, and the state police do not enforce municipal ordinances.

“I wouldn’t entirely give up, because there may be enforcement difficulties,” Gaul said.

Education needed

John Barborek, of Prograde Fireworks Co. in Brodheadsville and The Fireworks Superstore, said most people follow the rules.

“If history is any tell, the folks who already use them and are not being mindful of their neighbors, the ordinances don’t typically stop them. They do what they do,” he said. “All that ends up doing is hurting the people who are already being responsible and businesses like ours who sell to those people who are already being responsible.”

The current law requires that fireworks must be at least 150 feet from an occupied structure before being set off. Barborek recommends 200 to 250 feet.

The law also requires that the distance be 250 feet from a gas station, propane distribution facility, etc., and 300 feet from a fireworks store, he said.

Barborek thinks that educating the public on the proper use of fireworks prevents problems, so enforcement isn’t an issue.

“No matter what changes you make, if you really want to be ahead of the game - whatever ordinance does pass - start educating early,” he said. “We try to do that every day in our stores. We educate; especially where it comes to safety.”

Enforcement

Hoffman is concerned about enforcement.

Even if the municipality can find the person who lit a commercial grade firework and prove it, the person who reported it will have to testify before a magistrate judge when it goes to court.

The person who responds to the complaint has to be able to identify which fireworks are illegal, as well as how to handle them and store them after they are confiscated.

“Who’s going to come out and determine with respect to the permit if the venue is safe? Who’s going to go out and measure if it’s 150 feet, 300 feet or whatever the case may be,” he asked. “Who’s going to be the expert to determine that the fireworks are legal or not? We may sending someone out to a residence (we know they don’t typically set off fireworks in the daytime) late at night where there may be alcohol and other substances involved, and they’re going to go there by themselves and they could have a whole world of trouble as a result of them showing up and trying to take someone’s fireworks.”

Shawn McGlynn, owner of SFM Consulting which handles zoning code enforcement for Eldred Township, said, “Without a doubt, it’s an extremely difficult ordinance to enforce, the consumer fireworks end of it.”

McGlynn said the enforcement has to be done in real time. The person doing the enforcement has to know that this property is the one breaking the ordinance.

“You can’t find it out the next day,” he said.

The municipality would have to provide evidence pointing to a specific person or the judge will throw out the case.

McGlynn said some firework ordinances call for notices sent to repeat offenders.

“That’s a long, drawn-out process, and based on the fact that it doesn’t sound like it is happening all that often it could be a burdensome process just to establish the ordinance for the occasional problem,” McGlynn said.

Deborah York, a member of the planning commission and a former magistrate judge, said the township would be liable for whoever it would send out to enforce the ordinance.

Even if the person who set off the fireworks could be found, she doesn’t think it is likely the person reporting it will follow it through to court.

“They don’t want to get into a fight with their neighbor,” she said.

Ordinance support

“I’m hearing fireworks all the time and it’s driving me crazy,” said Mary Anne Clausen, a former township supervisor.

Clausen suggested that the ordinance also include buildings that house farm animals as occupied structures. The ordinance Boileau presented didn’t specifically include animals as occupants.

She said when there’s a complaint, the township office gets a call. Clausen suggested that the zoning code enforcement officer send a letter to the resident stating that the township has received a complaint about fireworks at that residence.

Ann Velopolcek, the township secretary, agrees with Clausen that most people will stop if they receive a letter.

“Nine times out of 10, people are compliant. They don’t realize they are bothering their neighbors. They didn’t know this was a problem for anybody. They don’t want any trouble,” she said.