Fireworks law ineffective

A couple of weeks ago the Whitefish Pilot, once again, published the Whitefish city ordinance regarding fireworks. My initial reaction was one of skepticism. The Whitefish city ordinance regarding fireworks is on the same level as the handheld device ordinance. Both ordinances are ineffective and inequitably applied.

Last week the Whitefish Pilot offered another pertinent perspective on the fireworks ordinance, through the comments of the editor. There has been other commentary on this issue over the past several weeks in other local publications, too. As often happens with issues such as this, the topic has been bandied about and danced around by those whose responsibility it is to address such matters. Is it really that difficult?

A person who sets off fireworks, or engages in any other activity, at a time and place that diminishes the quality of life of others, does so voluntarily. On the other hand, those who are harmed by such conduct are involuntary participants and so should have the right of way, so to speak.

I recall seeing an interview, a year or so ago with either the police chief or the mayor, where the question of the city’s new handheld device ordinance was broached. The interviewee seemed almost embarrassed by the topic. I was left with the impression that the interviewee did not think too highly of the ordinance.

Matt Baldwin’s editorial in last week’s Pilot reports that Chief Dial, and his staff, takes the issue of illegal fireworks seriously but enforcement is like trying to herd cats, and that the public is generally not willing to offer their assistance by reporting violations.

Hmmm..., like trying to herd cats? I suppose that might be an apt description in some instances, but the statement is hardly all inclusive. I wonder what would be easier to spot: someone operating a handheld device while driving or very loud and brightly colored (illegal) fireworks in the middle of the night.

If I recall correctly, one member of the city council aired his concerns about the current fireworks ordinance in the not too distant past. Another council member stated that he didn’t have any problem with the way things are and the matter was apparently dismissed. Was this councilman suggesting that the city’s fireworks ordinance should be overlooked?

Such lackadaisical commentary from city officials make it clear that enforcing the fireworks ordinance is a very low priority.

As to the public not calling to report violations... why should they? Over the past 4 or 5 years I have, regrettably, had to call the police numerous times to report unruly neighbors who were causing significant disturbances and who were, most of the time, not responsive to a request to modify their behavior. In only one instance was the conduct of the responding officer what I would grade as professional and effective.

At the other end of the spectrum, in one case, the responding officer actually called me to try to get me to “just deal with it.” It was not until I intimated the potential for a significant deterioration of the circumstance that the officer very angrily agreed to respond to the call.

Having to deal with that kind of response from a representative of the Whitefish Police Department is at least as bad as the frustration and aggravation of having to deal with the thoughtless and irresponsible neighbor who prompted the call in the first place. This does not exactly inspire confidence in the aptitude of at least some of the city’s officers.

One of the most commonly offered responses to complaints about fireworks is that “they only happen once a year.” This attitude implies that no harm is done. Unfortunately, this is not a true statement. If it were true, there would not be much to discuss. Fireworks around the city of Whitefish, and other locations, often go on for days or weeks and can be quite harmful in a variety of ways.

Just before the 4th, last year, after being kept awake by illegal fireworks most of the night for three nights running, I managed to drag myself out of bed for an early morning dentist appointment. After my visit to the dentist I was so tired that I completely forgot about the city’s new handheld device ordinance and answered an incoming call while driving. I am still dealing with the harm caused by that citation and will continue to for years to come. So, go ahead, tell me again that no harm is done by illegal fireworks.

If the city is going to give tacit approval to violations of the fireworks ordinance by failing to adopt and adequately enforce an effective ordinance, why not retract the handheld device citation I received? My feet were held to the fire for an honest mistake, one in which the city and those who violated the fireworks ordinance were every bit as culpable, and one in which there was no potential for harm. How about applying the same level of accountability to those who intentionally violate a city ordinance and cause harm to others in the process?

The disturbance caused by the noise from unrestricted use of fireworks, and other sources, can and does cause real harm. This is not an insignificant matter that should be taken lightly, and is one that is likely to increase in relevance as the population ages.

The Fourth of July certainly should be a day of celebration, especially if one takes the time to reflect on the real meaning of the day. The Fourth of July comes only one day a year and so should the fireworks. If the city wants to allow fireworks, revise the ordinance to allow the discharge of fireworks only on the 4th, for a reasonable period of time, say noon until midnight or 1 a. m. That should provide ample time for everyone to enjoy their fireworks, if they so choose. While even this would quite likely cause some problems for some people, I would guess that most of those who are negatively affected by the fireworks would be able to make an accommodation for that one day. A simple compromise where everyone gets some of what they want.

If the city really wants to enforce a fireworks ordinance you must first get the attention of those who feel the rules don’t apply to them by crafting an ordinance that is effective. Make it clear that violations will not be tolerated, and make it painful for the violators. If the city is not prepared and willing to stand behind an ordinance what is the point of having it.

A hundred years ago miscreants who violated the city’s ordinances found themselves assigned to the city’s stump removal gang for 10-20 days. Word quickly spread and repeat offenders were few.

Coincidentally, back in those days fireworks were illegal — period.

— Kevin McCready