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Regulating Illegal Consumer Fireworks Sparks Discussion at City Council

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Regulating larger illegal consumer fireworks in Warsaw sparked discussion at Monday night’s Warsaw City Council meeting.
These are fireworks purchased outside the city that create a larger sound decibel than normal fireworks and are illegal in the city.
Charlie Smith, councilman, previously relayed council an issue that Fairlane Drive residents brought to him about fireworks causing a disturbance when they are set off at all hours.
Ron Shoemaker, Warsaw resident, spoke during the meeting and said he heard louder than normal fireworks going off in the city.
City Attorney Mike Valentine presented information on fireworks during Monday’s meeting.
Municipalities may not limit the use of consumer fireworks between the hours of 5 p.m. and two hours after sunset on June 29 and 30 and July 1-9 excluding the 4th; between the hours of 10 a.m. to midnight on July 4 and between 10 a.m. on Dec. 31 and 1 a.m. on Jan. 1.
Valentine said police can show up at a residence if there is probable cause to see what types of fireworks are being shot off.
Valentine said one of the biggest problems is that special fireworks are not heavily regulated by federal law.
Special fireworks contain more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks.
Valentine will look at the state statute for fireworks and see how it compares locally when the council will again review the topic at its July 15 meeting.
“The biggest concern right now are illegal fireworks that you can’t buy here and are somehow showing up in backyards,” said Warsaw Mayor Joe Thallemer.
Thallemer said the city needs to refer to the Bureau of Alcohol, Tobacco, Firearms and Explosives on fireworks regulations and see how the city can enforce the law.
Diane Quance, city council president, said the issue with loud fireworks going off will continue at Memorial Day and Labor Day.
She suggested the city have something on its books to regulate consumer fireworks and asked Valentine to draft an ordinance for fireworks not to be permitted other than times allowed by state law.
Smith said he also would like local law enforcement to review the issue.
Thallemer said city police can enforce non-commercial illegal firework concerns and can notify the ATF and state fire marshal.
“What they are shooting off you can’t buy here, they are either making them or getting them from somewhere outside the city,” said City Planner Jeremy Skinner.