Weeks after July 4, concerned residents are coming out of the woodwork wondering what can be done to enforce residential fireworks laws better.
Newport resident Mel Bomprezzi addressed the Newport City Commission on July 22 after a house caught on fire on the west side of the city due to fireworks on July 4.
“Do we think that there’s preventative action that can take place with the law here?” Bomprezzi said. “I know you guys are probably tired of hearing this. I’ve emailed all of you have gotten different responses from ‘you’re the only guy and your son that are complaining about this.’ There’s now a petition out there with upwards of 165 signatures on it.”
The petition Bomprezzi is referencing was started by a “concerned Newport citizen” on July 12 and has 177 signatures.
Kentucky state law prohibits shooting fireworks within 200 feet of a structure, a person or a vehicle. It also prohibits anyone under the age of 18 from shooting fireworks.
“The way we approach trying to make every resident as happy as possible throughout my 20 years is obviously to listen and do everything we possibly can,” Newport Police Chief Chris Fangman said. “Most residents have their own special interest on how they feel we may need to do something, whether it’s marijuana, whether it’s drinking, open alcohol containers, whatever level of seriousness and from our perspective of having six to eight officers a night we need to put our resources where their best put.”
Fangman said that to cite someone for setting off fireworks illegally, you need probable cause. He also said you have to catch them in the act, which can be difficult.
“I think everybody knows across the country, 4th of July, there’s a bajillion fireworks being shot off at any given point,” Fangman said. “Much like any other resident that comes to me about stop signs for speeding. These are things that occur so frequently on any given street in America at any given time.”
Bomprezzi isn’t the only concerned Campbell County resident who has raised the topic of fireworks. Darlington Creek (in Alexandria) resident John Geiger addressed the Campbell County Fiscal Court at its July meeting.
Geiger said no spot in his subdivision is 200 feet from a structure or vehicle like the state law requires.
“I called the police department and was laughed at by a dispatcher,” Geiger said. “I talked to a police officer who said he would come out and tell them to stop, but if they don’t listen to him, there’s nothing he can do. I don’t agree with that because people were setting off fireworks 40 feet from my house.”
He asked the fiscal court if some kind of enforcement could be done.
“The police do have the authority to confiscate fireworks if they’re breaking the law,” Campbell County Attorney Steve Franzen said. “You are correct; the law does require they be 200 feet from a structure. Nobody complies with that law, including Riverfest and all of the other celebrations that we have around the 4th of July.”
Franzen said the fireworks law is extremely hard to enforce. He suspects this is the case not just in Campbell County but across the country. Because of that, Franzen recommended that Geiger reach an agreement with his neighbors.
“It is not uncommon for the legislature to pass a law that is not practical,” Franzen said. “In my opinion, that’s kind of what we have with this.”
Campbell County Police Chief Craig Sorrell said that because the volume on July 4 is so large, they tend to focus on the people setting off fireworks at midnight or 1 a.m.
“Our society works best when people police themselves,” Sorrell said. “There’s not enough police in the country to police every person. We have to as a community come together on things and try to find some resolves.”
In Newport, the firework-related fire on July 4 was described by Newport Fire Chief Frank T. Peluso as having minimal damage and no injuries.
“It seems that the fireworks that were aerial displays contacted an electric line, which caused some shorting which did result in a very small fire that was actually extinguished with a garden hose,” Peluso said. “They were incredibly lucky, and so were we, and the aerial fireworks are where the problem is both statutorily and being in such a condensed area.”
Newport City Attorney Dan Braun said he has been discussing fireworks with Newport City Manager Tom Fromme and Newport Assistant City Manager John Hayden to see if anything can be changed locally.
The Newport Commissioners expressed interest in revisiting their ordinances to examine what could be done and consider precautionary measures.
“I agree that ordinances that have been in place at least for a little while or before some of our time, it’s worth looking at them,” Newport Commissioner Julie Smith-Morrow said. “I’ve spent a little time looking at what some others across the state have been doing, and it feels like it’s kind of a tough spot. So, I think whatever we can do about that, I’m up for looking at it. I’m also very interested in us looking for more educational and safety precautionary notes to be put out there.”
Bomprezzi offered his help to the city in trying to find new solutions.
“I really do think the community wants to do something about this and that petition will continue to grow,” he said. “I know resources are limited. I love this city, I’ve been here 12 years, but it’s getting pretty concerning. I mentioned in January ‘what is a fire happens’ and one did. If this isn’t the right venue, please tell me what is. We need to revisit this and say does it need to have a permit? Does it need to be in a designated area?”
