Mansfield City Council continues fireworks ban, adds civil penalty

As expected, Mansfield City Council voted Tuesday to continue the city's ban on fireworks.

In addition, council added language where infractions could result in a civil penalty of a $1,000 fine that would come through the city's fire prevention code.

The vote was 7-1 with Councilman Aurelio Diaz dissenting.

"We were happy that they extended the existing ban," city fire Chief Steve Strickling said by phone Wednesday morning.

He added the civil penalty would give the city "another tool in the toolbox."

New Ohio law gives cities options on fireworks

Fireworks are currently banned in Mansfield, but House Bill 172, which Gov. Mike DeWine signed in November, allows individuals to possess and discharge fireworks with restrictions. The bill gives local governments the option to ban or impose further restrictions.

Currently, state law requires people who purchase fireworks in Ohio to take them out of state within 48 hours.

With House Bill 172, Ohioans will be able to use fireworks on New Year's Eve, New Year's Day, Cinco de Mayo, Juneteenth, Memorial Day, the Fourth of July and Labor Day, as well as several other days, depending on what their local government decides.

It goes into effect July 1.

Mansfield's criminal penalty for setting off fireworks is a first-degree misdemeanor punishable by up to six months in jail and a $1,000 fine.

Council adds language regarding civil penalties

Council added the following language regarding civil penalties to the city's codified ordinance:

• Any person who receives a citation for a serious violation of the Ohio Fire Code or any other order issued pursuant to it shall be assessed a civil penalty of not more than $1,000 for each violation.

• Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a civil penalty of not more than $1,000 for each day during which such failure or violation continues.

• Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of the previous violations shall be given whenever a penalty is assessed under this chapter.

• For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.

• Civil penalties imposed by this chapter shall be paid to the city finance director for deposit into the general revenue fund. Such penalties may be recovered in a civil action in the name of the city brought in the court of common pleas.

Strickling said the language means the city can handle such cases locally instead of going to the state of Ohio.

"It (civil charge) doesn't require the strength that a criminal penalty does," the chief said.

The civil penalty would be imposed on the property owner. A person may appeal a civil penalty through the city planning commission.

Assistant Law Director Christopher Brown previously compared the penalty to a parking ticket, which goes to the vehicle owner.

"It's more of an incentive for property owners not to set off fireworks," police Chief Kth Porch added.

In addition to adding language about civil penalties, council removed language that previously allowed a licensed manufacturer of fireworks, a licensed wholesaler of fireworks, a shipping permit holder, an out-of-state resident, an authorized resident of the state or a licensed exhibitor to possess fireworks in Mansfield.

Zader asks about 'me too' clause

After the discussion, Councilwoman Stephanie Zader asked about the financial situation regarding the "me too" clause and negotiations with the fire department.

"We're OK with that," Mayor Tim Theaker said.

Lance Cook, president of AFSCME Local 388, previously told council the union would exercise its "me too" clause after council approved a raise for police officers and supervisors.

According to the AFSCME contract, if other bargaining units in the city of Mansfield receive greater wage benefits, AFSCME Local 3088 will receive the same wage benefits, effective on the same date.

Mansfield police officers and supervisors received raises in each of the next three years, according to new contract.

The agreement calls for a 7.75% raise for the first year of the contract, with the raise going into effect March 1.

Zader brought up the topic again later in the meeting.

"I don't know what OK means, but I would like clarification," she said.

There was no further discussion.

Council appoints 2 to police review commission

In other business, city council:

• Appointed Suzy Beeson and Jack Soliday to positions on the police review commission. Beeson will represent the fifth ward, while Soliday will be an at-large representative. They filled the final two openings on the commission.

• Reappointed Susan Gentille and Patrick Clinage to the public arts commission.

• Approved the demolition of properties at 56 Bartley Ave., 154 Boughton Ave., 284 Cline Ave., 538 Lida St. and parcel No. 027-01-046-16-000.

• Approved the tax budgets of the township of Mansfield and the city of Mansfield.

• Authorized advertising for bids and entering into a contract for salt supply.

• Authorized purchasing a new storage area network using American Rescue Plan Act funds.

The storage area will be used for police officers' body-worn cameras.

"As of last week, we were at 90% of our storage capacity," IT Director James Weiner told council.

• Transferred $55,575 within the parks and recreation fund from the pool sub-department to the operations sub-department.

Councilman Alomar Davenport said the money had been earmarked for pool use, but the city has no pools this summer.

• Transferred a small piece of property beside 331 Prescott St. to the land bank.

• Accepted a $3,000 donation from OhioHealth Corp. for the West End Target Area Project.

• Agreed to sell assets at Ocie Hill, including a gas stove, range hood, gym scoreboard and basketball hoops using GovDeals.

"I do not anticipate a lot of quick bids on certain items," Davenport said.

Any items that do not sell with be donated to a nonprofit.

mcaudill@gannett.com

419-521-7219

Twitter: @MNJCaudill

This article originally appeared on Mansfield News Journal: Mansfield City Council adds possible $1K civil penalty for fireworks