Noise ordinance approved by Albany City Commission sets earlier cutoff time for fireworks

May 26—ALBANY — The city's fireworks aficionados will have to cease setting off sparkles and bangs in the night three hours earlier under an ordinance approved on Tuesday by the Albany City Commission.

Commissioners unanimously approved the new ordinance, which will set the hours for use of fireworks from 10 a.m.-9 p.m. The action was part of an overall noise ordinance that addresses other sounds that can be a disturbance, including car stereos.

State law does not allow for local governments to pass legislation that applies only to fireworks, but covering the topic under a blanket noise ordinance is allowed.

Several commissioners had identified fireworks as an issue that drew complaints from constituents whose sleep was disturbed. Other residents were concerned about whether the bangs were from firearms or legal explosive devices.

"We have noise from automobiles (covered), noise from construction, noise from commercial businesses; now you have fireworks," Albany City Attorney Nathan Davis said during a Wednesday telephone interview. "You can't have a (solely) fireworks ordinance, (but) you can have a general noise ordinance that includes fireworks."

Under the state's fireworks legislation, the cutoff time for fireworks is set at midnight, but cities and counties can set an earlier time as part of a general noise ordinance.

State allow allows for setting off fireworks later on holidays, including the upcoming Memorial Day celebration, with the cutoff time of midnight. Other holidays that allow for fireworks later in the night include New Year's Eve and Day and the 4th of July.

Local ordinances may not supersede those holiday guidelines set by the state.

Commissioners also on Tuesday approved a gunshot detection system that will be placed in south Albany.

The system, which will cover a roughly three-square-mile area, can pinpoint the source of gunshots. It also can differentiate between the report of a gun or the sound of fireworks.

Instillation will cost $220,000 and cover the first year, with the cost of the second year set at $165,000.

Commissioners approved the initial two years, with the option of renewing for three years at an annual cost of $148,000.

"I'm really excited about getting our police officers that tool, and that's what it is, a tool," Commissioner Chad Warbington said during a telephone interview on Wednesday.

Statistics show that only about 20 percent of gunshots are reported by the public, the commissioner said, so the detection devices should give police a better idea of the extent of the issue.

As was the case in the nation as a whole last year, Albany experienced a spike in gun violence and deaths. Many of those shootings occurred in the late night and early morning hours.

"It's not the end-all, be-all," Warbington said. "It's just another spoke in the wheel. Criminals need to know we're serious, and the chance of getting caught is going up."