Marion residents call on City Council to kill proposed fireworks ban
The debate about whether to ban fireworks use in the City of Marion will continue at the next city council meeting on Aug. 22.
Marion City Council heard the first reading of Ordinance 2022-065 during its meeting on Monday evening. That piece of legislation would, according to its language, "reaffirm the existing ban on discharging, igniting or exploding fireworks" as set forth in Chapter 1519 et al. of the Codified Ordinances" of the City of Marion.
A new Ohio law signed by Gov. Mike DeWine in November 2021 legalized the use of fireworks with certain restrictions. According to House Bill 172, adults can light fireworks on their own property or on private property belonging to someone else with the owner's consent.
Under terms of the law, use of fireworks while under the influence of alcohol or drugs is illegal. Anyone found guilty of such a violation will be convicted of a first-degree misdemeanor. Additionally, an individual could be charged with disorderly conduct for using fireworks under the influence of an illicit substance.
The state law allows municipalities and townships to opt out or restrict the dates and times that fireworks can be lit. Following is the list of holidays during which the new state law allows fireworks to be used: New Year's Day; Chinese New Year; Cinco de Mayo; Memorial Day weekend; Juneteenth; July 3, 4, and 5; and the Fridays, Saturdays and Sundays before and after Labor Day weekend; Diwali (one of the major festivals celebrated by Hindus, Buddhists, Jains, and Sikhs); and New Year’s Eve.
During Monday's meeting, Marion residents Naomi Craig and Lois Fisher voiced their opposition to the proposed ban on fireworks inside city limits.
"We all know that even when they were illegal, people were still using fireworks and this ordinance isn't going to stop them from doing so," said Craig, who lives on Silver Street. "I get that people are annoyed by the sound. I, too, have been woken up in the middle of the night by fireworks. I agree it's not fun, but I've also been woken up by barking dogs and cars without mufflers far more times than I have by fireworks. We have ordinances against those things, too, but all the ordinances in the world aren't going to do anything to stop people from being inconsiderate jerks. The only thing I see this ordinance doing is generating revenue for the city if it is enforced."
Craig went on to explain that her neighborhood enjoyed a positive experience related to fireworks use this year since the statewide ban was lifted due to the passage of House Bill 172.
"I've lived in my neighborhood for 14 years. Every year, we are treated to an elaborate, albeit illegal, fireworks show by the neighbors surrounding us," Craig stated. "Since they were legal this year, neighbors from all over the street gathered together to watch the display. Neighbors who hadn't seen each other in a while got to catch up while our kids and grandkids played together. It was a nice time because we were able to enjoy ourselves without fear of prosecution. No one was injured. Nothing burned down. And the show concluded before 10 p.m.
"I said all of this to say the only people that would be affected by this (proposed ordinance to ban fireworks) are the people who actually follow the law. I'm asking you to consider the things I've said this evening before deciding to pass this ordinance. Prohibition never works and passing this ordinance will just be criminalizing this behavior. You're never actually going to stop it."
Fisher, who resides in the Vernon Heights area of Marion, said she believes fireworks displays can serve as a positive event for families to gather and celebrate holidays.
"Let's not forget about the 'ooo's' and the 'ah's' of New Year's Eve when children and families gather and they see the fireworks and it's a sense of family and a sense of gathering," Fisher said. "And they see it and they feel it and they feel like there's hope and there's celebration. I think that's what fireworks do. I don't want them going off in my neighborhood. I don't particularly care for the sound of the trains, either, but they're there. Let's just not forget that it is about our community and about what we love and the celebration and the families. Maybe that's the only celebration that they get."
Councilman Aaron Rollins, At-large, said he believes the city should just follow the new state law as outlined in House Bill 172 and is opposed to the proposed ordinance that would ban fireworks locally.
"House Bill 172 lays out very specific dates fireworks can be used within the city. I don't know that we need to take any further action. I think (the police) are going to get calls no matter what," Rollins said. "I don't want to say the Fourth of July is the most important holiday and rule out Cinco de Mayo and the other holidays that are outlined in House Bill 172. I don't intend to vote for this (ordinance)."
Representatives of the Marion Fire Department and Marion Police Department reiterated their support for restrictions on fireworks use inside city limits beyond what the new state law allows. Fire Chief Chuck Deem once again voiced his support for totally opting out of the provisions of House Bill 172 and banning all fireworks use in the city.
Major Chris Adkins from the Marion Police Department reiterated Chief Jay McDonald's support for limiting fireworks use to only the Fourth of July holiday.
Councilman Joshua Feliciano, 4th Ward, proposed amending Ordinance 2022-065 to allow fireworks use on the Fourth of July, but that proposal was voted down 7-1.
Marion City Council will hear the second reading of the ordinance at its next meeting on Aug. 22. Council will meet at 6:30 p.m. at City Hall.
City council committee meetings are scheduled for 6:30 p.m. on Aug. 15 at City Hall.
For information about upcoming Marion City Council meetings, go to the City of Marion website www.marionohio.us.
Email: ecarter@gannett.com | Twitter: @AndrewACCarter
This article originally appeared on Marion Star: Marion residents call on City Council to kill proposed fireworks ban
