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Fireworks fines may skyrocket

by Heidi Desch / Whitefish Pilot
| February 11, 2014 9:30 PM

Whitefish is considering a significant bump to the minimum fine for fireworks violations.

The fireworks law currently carries a maximum fine of $500, but in some cases violators have paid as little as $50. Whitefish Police Chief Bill Dial says that’s not high enough to deter future infractions. He is recommending a minimum fine of $300.

“Getting people to follow this has been like herding goldfish,” Dial said at a Feb. 3 work session with city councilors. “At $300, we will get people’s attention.”

Dial asked to make changes to the city’s fireworks ordinance after a growing number of noise complaints. After consulting with Municipal Judge Bradley Johnson and city prosecutor Caleb Simpson, Dial said there was a consensus that the minimum fine should be $300 for a first offense and $500 for a second and subsequent offenses.

Fire Chief Tom Kennelly said he supports the change, noting that three homes were set on fire last year around the Fourth of July.

City Council agreed to vote on the fine change following a public hearing.

Councilor Richard Hildner also suggested further limiting the days when fireworks are allowed in city limits — possibly allowing them only on July 4.

“I want to put that idea out there,” he said. “As a compromise, what about less than the three days instead of zero days.”

In the past, Hildner has asked the city to consider a complete ban on the private use of fireworks because of the noise disturbances.

Currently, private use of fireworks is allowed inside the city limits of Whitefish, but it’s limited to July 2 through July 4 from 11 a.m. to 10 p.m. Sales are also allowed within the city from noon to 8 p.m. each day from July 2 through July 4.

Councilor Frank Sweeney, who said he isn’t a fan of the noise of the fireworks, questioned tightening the number of days.

“The difference between two or three days in negligible,” he said.

Councilor Pam Barberis asked the council to consider limiting the type of fireworks allowed. She pointed to the perchlorate in fireworks as being harmful.

According to the Environmental Protection Agency, perchlorate is a naturally occurring and man-made chemical that can be a health concern when found at high levels in public water systems.

“Chemicals in the fireworks display at City Beach end up in the lake,” she said. “Those filter into City Beach bay.”

Mayor John Muhlfeld acknowledged that chemicals could be harmful to the lake, but also that non-perchlorate fireworks can be more expensive.

“There could backlash,” he said. “They [the chamber] scramble every year to find funds to hold that event.”

Sweeney said if the council did limit the type of fireworks allowed that it should pertain to any public display in the city.

Council agreed to further discuss any additional changes to the fireworks ordinance following the public hearing.