Legal fireworks put on hold ahead of July 4

Hickman: Change ‘deserves a little more thought’

For those who were looking forward to celebrating the Fourth of July by setting off fireworks within city limits -- not so fast.

The El Dorado City Council voted Wednesday to place a hold on a new ordinance that would have allowed the discharge of fireworks during three-day windows surrounding the July 4 and New Year's holidays

Council members adopted the new ordinance during a regular meeting June 9, per a request from Police Chief Kenny Hickman to amend city Ordinance 1072.

The ordinance prohibits the sale, setting off, ignition or otherwise exploding of firecrackers or other fireworks inside city limits.

At the time, Hickman explained that amending the ordinance would not only help to ease the service calls and complaints about fireworks and the workload of the El Dorado Police Department during July 4 and New Year's Eve/Day, it would also allow officers to direct resources toward more serious calls for service.

"Our resources get pretty much exhausted chasing down fireworks calls around those times and most of the time, it's just kids having a little bit of fun," Hickman told council members.

"We're just trying to think of a compromise between the needs of people and in some way, they're going to do it anyway," he continued. "It will lighten the load on us and free them up to have fun."

Following a sprightly discussion, the council approved an amendment that would have permitted the use of fireworks within city limits until 10 p.m. on July 4 and the days that immediately precede and follow the holiday (July 3 and 5) without a special permit or the potential to receive a citation for violating the ordinance.

The exemption would also have allowed the discharge fireworks until 10 p.m. on Jan. 1 and 2. For New Year's Eve (Dec. 31), the hours would have been extended to 2 a.m. on New Year's Day.

During an El Dorado Water and Public Works Board meeting Wednesday, Hickman returned to the council and asked to restore the initial regulations in Ordinance 1072.

Other perspectives

Hickman said that since the amendment was adopted June 9, he has heard myriad other perspectives about the matter from local residents, other law enforcement officers and the El Dorado Fire Department.

"I could have done better and maybe we need to look at some details in that," Hickman said.

He asked for time to take a step-by-step approach to the matter, saying that he has heard concerns and points-of-view that he did not previously consider, including how the discharge of fireworks affect elderly residents and people who live with post-traumatic stress disorder.

On June 9, Council Member Mike Rice -- who, along with Council Member Avo Vartenian, represents Ward 1 -- noted that elderly residents and pet owners in his ward frequently call him with complaints about fireworks during July 4 and New Year's celebrations.

"Certainly, there are fireworks anyway, but the amendment I proposed probably will increase that," Hickman said Wednesday. "So, since the perspective has broadened, I think, perhaps, it deserves a little more thought."

In an email to city officials last week, Fire Chief Chad Mosby also weighed in on the revision to Ordinance 1072 and asked city officials to revisit the matter.

Mosby said that while he is sympathetic to the EPD's concerns, he said the amendment was vague and did not address certain laws and regulations regarding the discharge of fireworks.

For instance, he noted that state law prohibits the use of fireworks within 600 feet of hospitals, churches and public schools.

"This was not stated in the ordinance and the average citizen will not know about these restrictions. This eliminates several areas in town," Mosby wrote.

The revision also did not touch on the use of aerial fireworks, which can travel and potentially cause damage to other properties.

Mosby provided ordinances that regulate fireworks in Arkansas cities and asked city council members to use the ordinances as templates in efforts to amend Ordinance 1072.

Mayor Veronica Smith-Creer also shared questions and concerns she had received and seen on social media, including the City Hall Facebook page, since June 9.

One question pertained to the sale of fireworks within city limits, she said.

"We also need to look at the fact that we do not sell fireworks here in the city ... We also need to look at whether or not they can be sold here because that's income the city is missing out on," Smith-Creer said.

The mayor also reminded council members that on June 13, she had requested a specially-called city council meeting to address the issues prior to Mosby raising his concerns about the ordinance.

Smith-Creer's comments tied into long-running questions about city business that is addressed and actions taken during El Dorado Water and Public Works Board (EWPWB) meetings, rather than city council meetings.

The EWPWB is made up of city council members and was formed last year so that city officials can keep abreast of projects within the Department of Public Works, which includes the El Dorado Water Utilities, streets, sanitation, parks, recycling, etc.

On Wednesday, council members Judy Ward and Vance Williamson said the council may place a "stay" on the revision to Ordinance 1072 to allow more time to consider the matter.

City Clerk Heather McVay noted that the council had not taken such an action during her tenure as city clerk (she has served since 2013) and that the new ordinance had already been published in the News-Times and posted on the city's social media pages.

Ward said the council would have to repeal the revision and vote on a new ordinance proposal after three readings -- the process by which proposed ordinances are considered.

Council members approved the stay, with the caveat that consideration be given to the sale of fireworks within in city limits as discussions continue about the revision to Ordinance 1072.

The stay disarmed the emergency clause council members enacted with the ordinance amendment on June 9, meaning that the revision went into effect immediately, and restored regulations that were in Ordinance 1072 prior to the revision.

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