2 weeks Ago
Officials in Burleigh County could begin discussions on regulations following complaints from some residents about the size, noise and usage time of fireworks. The commission on Monday gave County Planner Mitch Flanagan the go-ahead to explore the formation of a stakeholders group that would help draft a firework ordinance. That group will likely be made of county residents, representatives with commercial firework applications and representatives from the firework industry.
A timeline for when the group will be formed was not discussed. The proposed regulations, if drafted, would have to undergo two public hearings before receiving approval from the Burleigh County Commission, according to Flanagan. As it stands, the county has no firework ordinances on its books, according to Sheriff Kelly Leben.
Instead, the county relies on state law to regulate firework use within the county. However, Leben said the law only covers firework classification, the sale of fireworks and public display permitting. "The biggest thing the century code does not lay out is when fireworks can be used or lit off, and that I think -- at least in Burleigh County -- becomes the biggest point of contention," Leben told the Tribune.
The sheriff's office has been using disorderly conduct laws to manage disturbances from fireworks if needed. That law, a Class B misdemeanor, includes language regulating "unreasonable noise" and acts as a "catch all," Leben said. The usage of the law allows law enforcement to bridge the gap in firework century code where it lacks clarity on when fireworks can be used, while allowing enforcement to be situation-dependent.
"(What's unreasonable) is hard to define, but you know it when you see it," Leben said. "Somebody blowing off high-powered fireworks at three in the morning on a work night is unreasonable." On Monday, county resident Berk Strothman shared his concerns with the commission.
He stated that differing fireworks regulations between the city and county has caused those in the county to invite those from the city over to shoot off fireworks, thus increasing the amount of fireworks being launched. It's illegal to shoot fireworks off within Bismarck city limits. Some other cities in Burleigh County, such as Lincoln and Wing, allow fireworks within city limits but limit when they can be launched.
Strothman said that this year, fireworks in his area were more disruptive than in previous years, with people igniting them from Wednesday through Saturday and again on the Monday after the Fourth of July -- often well into the night. He added that the constant noise was disruptive to pets in his neighborhood and made it difficult to sleep each evening. "So what do you do? You lay there and you think, 'When's the next one coming?' So you lose a lot of sleep -- and you're angry and it's frustrating," Strothman told the commission.
Strothman proposed a countywide ban on larger fireworks, calling it the "easiest fix." However, Leben argued that size limits would be ineffective since people could purchase larger fireworks in neighboring Morton County. Instead, he told commissioners that the most practical approach would be to regulate the hours during which fireworks can be used.
Leben added that any regulations should be flexible, taking into account the day of the week and whether it is a holiday. He said the potential focus group could help determine an appropriate balance, but that group will need to engage with the firework industry because it will likely be a large part of the conversation. "Planning and Zoning has been tasked with trying to put together a group of people that have things to discuss.
I think that's what it's going to take is just a group of people from varying backgrounds to decide if the commission should consider this," Leben said. State firework laws can be found under section 23-15 of North Dakota Century Code at https://bit.ly/47spbCP.
The Fourth of July is undoubtedly the biggest day for fireworks in the United States. Reach Zachary Weiand at 701-250-8264 or zachary.weiand@bismarcktribune.
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