To shoot or not to shoot: Fireworks laws vary from one area to another



Thursday, July 3, 2008 1:39 PM CDT


ROY SYKES PHOTO Jan Baker of unincorporated St. Charles County shops for fireworks Monday at a stand in Cottleville, which allows both the sale and use of fireworks. The county and its municipalities have different sets of rules on fireworks.
Rules for Fourth of July party favors may be confusing to some, particularly in areas where laws governing fireworks have changed in recent years.

As police departments feel the burn of complaints, many municipalities have deemed fireworks appropriate only for professional displays rather than front lawns.

But not all the restrictions in St. Charles County and its municipalities are the same, which may leave some residents wondering when and where they can set off fireworks.Before you set the sky ablaze, take a look at the laws for the following jurisdictions:

ST. CHARLES COUNTY

Individuals may shoot off fireworks in the unincorporated section between 10 a.m. and 11 p.m. July 2-5.

Still, fireworks incidents keep the county Sheriff's Department plenty busy. Last year, deputies responded to more than 400 fireworks-related calls, Lt. Dave Tiefenbrunn said.

If fireworks are confiscated from a home or recreational area because of a violation, the sheriff's department holds them for seven days, Tiefenbrunn said. Violators are issued a receipt and may retrieve the fireworks from the department. Otherwise, they are destroyed by the county's bomb unit, he said.

The county permits the sale of fireworks by licensed vendors from June 25-July 6. Sales may continue until 11 p.m. July 1, 2 and 4 and until midnight on July 3. If stands are within a mile and a half of any municipality that bans fireworks, they must display signs stating so.

ST. CHARLES

The city allows fireworks sales from June 25-July 5 and permits the private use of fireworks from noon-11 p.m. July 3 and 4. Rockets and missiles are prohibited.

Police Lt. Donovan Kenton said the restriction is effective because it allows people to celebrate the holiday while limiting the amount of trash and noise that comes with the festivities. There are fewer calls for services during that time frame because residents know what to expect, he said.

Even so, St. Charles police are on their toes this time of year. In 2007, they responded to 296 fireworks-related calls from June 20 to July 6. The department authorizes overtime to ensure strong enforcement, Kenton said.

Other than July 3 and 4, the city has zero tolerance for fireworks. While most are confiscated and destroyed, some are kept as evidence, he said.

ST. PETERS

St. Peters police have beefed up patrols this year for fireworks enforcement. On Friday, the department began assigning additional officers to patrol neighborhoods both in marked and unmarked vehicles, and will continue to do so through July 5.

Even though the city prohibits the sale and use of fireworks, St. Peters last year received 829 calls about fireworks violations. Police spokesman Brad Norris said officers have the option to issue a warning to first-time offenders, but are encouraged to issue tickets when a complaint is received.

If fireworks are confiscated from a home, police take a picture before dropping them into a bucket of water to destroy them, Norris said.

COTTLEVILLE

Fireworks are allowed in Cottleville but only within a certain time frame.

This year, the city allowed the period of June 20 through July 4 for the individual use of fireworks. That's less than half the 30-day period permitted last year.

Additionally, residents may only shoot off fireworks from 5 p.m. to 10 p.m. Monday through Thursday, 5 to 11 p.m. Friday, 9 a.m. to 11 p.m. on Saturdays and 9 a.m. to 10 p.m. on Sundays. According to the city's ordinance, the new restrictions promote the peace, comfort, health and safety of the community.

Vendors in Cottleville have new limitations, too. An $8,000 permit must be purchased to operated a stand within city limits.

Previously the fee was $4,000, but voters in April 2007 authorized increasing the fee to as much $10,000. City officials settled on $5,000, Mayor Don Yarber said, but aldermen later increased the charge to $8,000. The additional revenue will go toward construction of Cottleville's new park and city hall.

WELDON SPRING

Weldon Spring officials set new rules for fireworks vendors as well. Each stand's operator must obtain a $4,000 permit from the city by June 4 and post a $500 surety bond. Vendors were not allowed to set up stands before June 14, and must remove them before July 12. Fireworks sales were allowed to begin on June 19 and must not continue after July 5.

As the city is patrolled by county sheriff's deputies, its number of fireworks violations are included in the sheriff's department's total, and the same rules apply for retrieving confiscated fireworks.

O'FALLON

"No" is new in O'Fallon when it comes to the use and possession of fireworks. The City Council approved the ban last year, just two weeks after the Fourth of July.

This isn't the first time fireworks have been declared illegal in O'Fallon. Prior to 2003, the city prohibited their sale, use and distribution, but later allowed the private use of fireworks on July 3 and 4

In 2006, however, city officials considered banning fireworks year-round after police responded to 55 fireworks-related calls on July 3 and 4. The council debated the issue for months before deciding last year to ban fireworks altogether.

Police spokesperson Dianna Damke said last week the department wasn't sure whether calls for service would now increase, but it had no plans to step up enforcement.

Fireworks are confiscated and destroyed at officers' discretion, Damke said.

LAKE SAINT LOUIS

Lake Saint Louis bans the sale, use and possession of fireworks, but officers still say the Fourth of July is the most dreaded holiday of the year because of the public's use of fireworks.

"It's not only annoying to people, it's dangerous," said Police Chief Mike Force. "Cops wind up running from call to call to call when they have other things they should be doing."

Last year police issued one summons, but responded to 60 fireworks-related calls on and around the Fourth of July - the most ever for the city.

Lake Saint Louis police have always devoted "as many assets as we can" to the holiday, and will continue to do so this year, Force said. Last year was the first that police began confiscating fireworks. Force said they are given to the county bomb squad to be destroyed.

WENTZVILLE

Wentzville ordinances prohibit the sale and use of fireworks, but not possession.

Police Chief Robert Noonan has said the latter is mainly for new residents unaware of the rules, but it has made enforcement increasingly difficult. Last year, police responded to a record 174 calls from June 29 through July 5. Eighteen violations resulted in a summons requiring a court appearance and fine.

Last fall, aldermen defeated a bill that would have forbidden the use of fireworks and held property owners responsible for their sale, use and possession. Critics said the bill was too narrow, because technically it would have allowed police to ticket people from other areas if they drove through Wentzville with fireworks in their vehicle.

"We got the message that this was what they wanted, and we'll enforce the ordinance as it is written now," Noonan said last week.

This year, however, Noonan said police would take a more aggressive stance by issuing more summonses than in years past.

Staff writer Latreecia Wade contributed information to this story.