Lexington, KY - Last spring, the Kentucky General Assembly adopted a new state law that allows fireworks that contain mortars or that shoot from a tube to be sold in Kentucky. Folks traveling home through Tennessee and other surrounding states may be familiar with these high-powered fireworks, but now they can be sold here in Lexington. Since last summer, the Urban County Council has discussed what new local laws are needed to address these more powerful devices, and recently the council adopted a new ordinance that limits when and where these new "consumer fireworks" may be sold and used.
By the way, these are not the huge missiles that you see in professional fireworks displays.
The new ordinance creates a "fireworks enforcement code" that establishes licensing guidelines for businesses that sell consumer fireworks. These sellers are divided into permanent and seasonal retailers, who must pay a licensing fee, meet certain qualifications and apply for retail fireworks permits as a condition to selling the new fireworks. Seasonal retailers may sell consumer fireworks between June 10 and July 7 each year, and permanent retailers may sell consumer fireworks year round.
Under the new ordinance, no person may use, ignite, fire or explode consumer fireworks except during the hours of 10 a.m. - 10 p.m. However, consumer fireworks may be set off until midnight on New Year's Eve, July 3 - 4 and any alternate date designated by the city of Lexington for celebrating Independence Day. Fireworks may not be set off within 200 feet of any structure, motor vehicle, or person, or during any period in which a ban on burning is in effect for Lexington.
I voted against the fireworks ordinance for a number of reasons. First, the state law that allows consumer fireworks to be sold in Kentucky requires compliance with local laws, and thus Lexington has the option to prohibit entirely these potentially dangerous explosives -- in fact, in a close vote on November 17, the Louisville Metro Council did just that. These more powerful devices pose an increased risk to public safety, and I hope folks take great care to comply with the distance and age limitations set out in the new ordinance. I also received objections from many constituents, and a number of neighborhood associations, who felt that this year's Fourth of July celebration went on way too long and was just way too much. Residents complained that explosions went on long into the night for weeks before and after July 4, and that all of the loud noise was an unreasonable breach of the peace for folks who follow an "early to bed, early to rise" schedule.
I also thought that the new fireworks ordinance would pose an unreasonable burden for enforcement by our police department. Lexington is understaffed by many dozens of police officers, and upcoming retirements will only make matters worse. With our department stretched so thin, calls that someone is shooting off fireworks too close to a structure, or too late into the night, will likely receive a low priority.
Finally, I just didn't hear many folks complaining last year that they didn't get enough chances to shoot off high-powered fireworks. We all enjoyed seeing aerial fireworks, bottle rockets and Roman candles on occasion around the July 4, and the number and intensity of these private celebrations in previous years seemed just about right.
I hope that Lexington's new ordinance will provide a workable set of rules to improve the safe use of these new consumer fireworks, as well as establish clear guidelines and high standards for those who sell consumer fireworks in our community.