The Town of Fountain Hills now finds itself in an awkward position when it comes to consumer fireworks. Because of a recent change in state law, Fountain Hills will have to allow the use of certain consumer fireworks that were previously banned by the Town Council.
Municipal and fire officials weren’t too happy a few years ago when the Legislature allowed the use of consumer fireworks at certain times of the year (think New Year’s Eve and Independence Day). So a local ordinance was passed that further limited what type of fireworks could be used within our own boundaries – even though all types could still be sold within the community.
Senate Bill 1158 now preempts the Fountain Hills Town Code, however, in effect prohibiting local efforts in curtailing the use of additional consumer fireworks.
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Local control and fireworks
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The Town of Fountain Hills now finds itself in an awkward position when it comes to consumer fireworks. Because of a recent change in state law, Fountain Hills will have to allow the use of certain consumer fireworks that were previously banned by the Town Council.
Municipal and fire officials weren’t too happy a few years ago when the Legislature allowed the use of consumer fireworks at certain times of the year (think New Year’s Eve and Independence Day). So a local ordinance was passed that further limited what type of fireworks could be used within our own boundaries – even though all types could still be sold within the community.
Senate Bill 1158 now preempts the Fountain Hills Town Code, however, in effect prohibiting local efforts in curtailing the use of additional consumer fireworks.
All three lawmakers who represent Fountain Hills at the Legislature – Sen. Michele Reagan and Reps. John Kavanagh and Michelle Ugenti – supported this bill, which was opposed by the Fountain Hills Town Council.
Whatever the motives were, we tend to think that public safety and individualized local control should be the major talking points in this type of discussion.
Fountain Hills is not like most other cities and towns within Maricopa County. We are on the fringe of the wild Sonoran Desert and home to plenty of washes and other open areas within residential neighborhoods. It’s difficult to police families, children and others as they blow off consumer fireworks. Our tougher ordinance was designed to aid public safety officials in their quest to keep our community safe and free from large wildfires that we’ve seen across the West. One simple spark could cause a huge conflagration at this time of the year.
State lawmakers typically cringe when unwelcome mandates come down from the federal level, but apparently they are comfortable issuing certain state mandates down to local cities and towns. We’re hoping this hypocrisy doesn’t result in a local wildfire tragedy.
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