By QUINTON SMITH/YachatsNews
Saying that public sentiment and safety concerns are turning against widespread use of personal fireworks, Lincoln County commissioners are moving to ban their sale and use anywhere in unincorporated areas of the county.
Commissioners are also encouraging the seven cities in the county to do the same.
At the urging of commissioner Casey Miller, the three-member commission brought up the issue at its Dec. 6 meeting. After a short discussion they asked counsel Kristin Yuille to bring an amended fireworks ordinance to discuss at its 10 a.m. Wednesday meeting.
Last June – just weeks before the July 4 holiday — commissioners approved an ordinance allowing the county to ban the sale and use of personal fireworks in unincorporated areas when weather conditions create a high risk of wildfire. Although the ordinance was approved, commissioners did not implement the ban.
Now, as civic groups and organizations prepare to sign contracts to sell Oregon-legal fireworks as a fundraising effort, commissioners say it’s time to discuss an outright ban.
“We can’t wait until June 30 to discuss this,” commissioner Kaety Jacobson said at the Dec. 6 meeting. “Talking about it now is really important.”
The county’s proposed ordinance would not affect public displays put on by various municipalities around the July 4 holiday and handled by licensed technicians who get permits from state and local agencies
The seven cities in Lincoln County have a hodgepodge of fireworks regulations.
Some like Lincoln City prohibit their sale or use in the city, Depoe Bay allows sales but not their use, and Yachats, Waldport, Siletz and Toledo allow both their sale and use under most conditions. The Newport city council is currently discussing a ban similar to the county’s proposal.
Law enforcement agencies – including Lincoln County Sheriff Curtis Landers – say enforcing a widespread ban is impossible, but that a clear countywide ordinance gives officers a tool to deal with the most egregious or dangerous offenders.
Oregon law already prohibits fireworks that explode or those that fly through the air or along the ground. But it is the prevalence of large fireworks purchased legally in Washington state and brought into the county that most concern county, city and fire officials.
During the Dec. 6 meeting Miller said fire chiefs from across the county came to commissioners in 2021 asking them to ban fireworks over the July 4 holiday because of drought and extreme fire danger. The likelihood of continued dry summers and thinly-staffed fire agencies give impetus to discussing a ban, he said.
“I think we’re seeing a shift in public sentiment,” said commissioner Claire Hall, citing not only the fire danger, but also the effect of fireworks on people with PTSD, pets and wildlife. “This is a direction society is moving.”
Waldport city manager Dann Cutter told YachatsNews this week that if there is going to be a ban it’s important to smaller cities that the county act first.
“For small cities, it’s not prudent to ban fireworks if you can walk 100 yards from a city into the county and set them off,” he said.
Waldport, which pays for a large public display over Alsea Bay on July 3, does not have an outright ban on fireworks but an ordinance that gives the council authority to prohibit them if the city has a drought declaration in effect.
And there are situations like in the Bayshore community, which is in unincorporated county just north of Waldport and has more than 100 vacation rentals that fill with visitors in July. Its homeowners association has a ban on fireworks and while it has been unable to stop people from setting them off but has fined at least one homeowner after a fireworks-caused fire in 2022.
I would like to correct your statement that the Bayshore Homeowners Association has a ban on fireworks but has been unable to enforce it. On July 2, 2022 an Idaho family brought illegal aerial fireworks to their vacation house a block from me in Bayshore, shot them off illegally on the beach, then improperly disposed of the hot remains behind their house, igniting a conflagration that caused extensive damage to the house and endangered our neighborhood. Joined by neighbors, I filed a complaint with our HOA, which promptly fined the Idaho family $500, the highest fine possible at that time and which the Idaho family paid. Our HOA has now increased the fine for using fireworks in Bayshore to $2,500, which the Bayshore HOA is very capable of enforcing through its fine system. In addition to filing a complaint with our HOA, I requested the Oregon State Fire Marshal, the Lincoln County Sheriff’s office, and the Lincoln County District Attorney’s office to cite and fine the Idaho family for violating state law by possessing and using illegal fireworks. None of those agencies did. So not only is the Bayshore HOA able to enforce fireworks regulations, it appears to be the only entity both able and willing to do so. There will be no point in Lincoln County banning the sale and use of personal fireworks unless our state and local law enforcement agencies step up to the plate and are willing to enforce current and any future fireworks regulations.
I like our sgeriff’s department quite a bit, but I must agree with Jon about their refusing to do much about illegal fireworks. There’s never enough law enforcement for just about any kind of crime, so why did the defeatist attitude about illegal fireworks? If they’d get out on the beach on July 4th and start citing violators, others would see it and maybe stop their illegal behavior. And don’t get me started about state parks staff. One ranger once told me there was no way he was going to confront drunks with explosives.
While this past summer seemed to be better, the noise has been horrible in previous years. One neighbor had to drive their dog up to Cape Foulweather to avoid the noise so the dog didn’t lose its mind. Another neighbor has to drug their dog with sedatives. My main concern is that we live right up against the forest and I worry about the fire danger. I do hope the county will ban fireworks. And I hope law enforcement will drop the defeatist in advance attitude and start treating illegal fireworks like they would other crimes.
Amen to this. I am sick of having idiots setting off mortars, which are illegal, behind my place over on Forest Hill Road. Yes this is a wooded area and it is quite dry in July. The sheriff does nothing if you call.
Glad to see this effort and thanks Yachats News for covering it. Visitors putting together a fun family July 3rd fireworks on the beach caused a wildfire and evacuations near us that required multiple fire departments to control. The fragile trees in the sandstone cliffs and the beach grasses are still charred. I don’t understand how grown adults on the west coast can be so unthinking about the dangers of fire, but it’s clear relying on common sense isn’t sufficient. I hope that this measure passes and is followed by matching municipal ordinances across Lincoln county.
TO:
FROM: DATE: THROUGH:
SUBJECT:
City Council for October 19, 2023 Work Session Ben Janes, Fire Chief
October 6, 2023
Mark W. Shepard, P.E., City Manager
Jason Harvey, Police Chief Fireworks Ban Discussion
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Action Requested:
CORVALLIS
ENHANCING COMMUNITY LIVABILITY
Staff recommends City Council provide staff direction regarding the possibility of a fireworks ban in the City.
Strategic Operational Plan Priority: N/A
Discussion:
The City Council has expressed a desire to explore the possibly of implementing a fireworks ban in the City. A fireworks ban could take many different forms. In its informal discussions about fireworks, the Council has not been clear about what form of fireworks ban it might want to explore. In order to provide Council adequate information, staff needs Council to provide some clarity and direction. Staff presents the following questions to help the Council work through this issue:
1. What does the Council want to consider banning? a. Possession of fireworks?
b. Lighting off fireworks? c. Sale of fireworks?
d. Other?
2. What expectation is there for enforcement?
City of Eugene’s Experience
In preparation for this discussion, staff reached out to the City of Eugene to understand their experience with enacting their fireworks ban. The City of Eugene’s ban prohibits lighting off fireworks. Eugene is covered by the Eugene/Springfield Fire District. Eugene enacted a fireworks ban and the City of Springfield does not have a ban on fireworks. So the experience in Eugene/Springfield is instructive.
In its first year of the ban, Eugene saw a measurable increase in fires from previous years. Conversely, the City of Springfield did not see an increase in the fires over the 4th of July. Therefore, the ban of fireworks in Eugene did not demonstrate a decrease in potential fire activity.
While the Corvallis area experienced two fires during the 4th of July in 2023, neither were found to be attributed to fireworks. One fire was associated with farming equipment and the other was undetermined due to several possible ignition sources present in the area.
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CC 10-19-2023 Packet Work Session
Electronic Packet Page 25
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Enforcement Challenges
Enforcement of any type of ban in Corvallis would fall to the Corvallis Police Department (CPD). Enforcement of possession or lighting of fireworks is problematic. For reference, Eugene Police issued zero fines over the 2023 4th of July. A ban on the sale of fireworks will impact local businesses or non- profits that rely on firework sales as annual fundraisers.
Recommendation:
Staff recommends the Council not pursue a local fireworks ban at this time. The only enforceable ban would be on the sale of fireworks. A ban on the sale of fireworks would impact local businesses and non- profits and is not likely to result in a reduction in the amount or type of fireworks used in the City limits.