Serving Lincoln County for more than a century!
Serving Lincoln County for more than a century!
DAVENPORT – City councilmembers discussed an ordinance placed before them that would give the local fire chief authority to enact a fireworks ban on the Fourth of July during times of extreme fire danger, such as the dry conditions oft discussed this year. The discussion took place at council’s July 14 meeting.
Mayor Brad Sweet and Fire District No. 5 issued a ban this year which reduced firework usage in the city, but legally, the ban had no teeth. State law dictates that a municipality must have an ordinance written into its code to enforce a fireworks ban stricter than state law, and only Gov. Jay Inslee can enact a complete fireworks ban in case of extreme conditions unless city code states otherwise.
Because Davenport didn’t have that language in its codes, the fireworks ban amounted to a strong recommendation without enforcement from the Lincoln County Sheriff’s Office.
The ordinance placed before council for a first reading would also restrict firework usage in city limits to between 6 p.m.-1 a.m. Dec. 31-Jan. 1 and 6 p.m.-1 a.m. July 4-5. Fireworks allowed under state law would be allowed during these times in the city still, unless the fire chief deemed it necessary to enact a ban due to extreme conditions.
Medical Lake allows fireworks, but Spokane County Fire District No. 3 chief Cody Rohrbach declared a ban this year due to dry and hot conditions. City code in Medical Lake allowed Rohrbach to make a legal ban enforceable by authorities, so fireworks were outlawed this Independence Day this year.
Davenport councilmembers were split on the idea. Councilmember Patrick Katz voiced his disagreement with the idea, saying any potential mishaps due to fireworks should be the personal responsibility of the person who discharged the blast and noting state law already restricts many fireworks. He voiced concern with giving local authorities the ability to take away an activity many people use to celebrate their independence.
Councilmember Nathan Hansen, meanwhile, pushed back on Katz’s opinion and claimed there is legitimate fire concern among many citizens who worry about structures and wildfires starting due to fireworks sparking in dry conditions.
City clerk Dave Leath chimed in, saying oftentimes shells land on his roof during the Fourth of July and he’s been concerned with that fire hazard. He also brought up the noise issue that citizens have complained about before from fireworks.
Councilmember Lance Strite agreed with much of the ordinance, saying the city should have a way to have some enforcement in extreme situations. However, he wanted more clarity in the ordinance and wondered whether people would still light fireworks between June 28-July 2 when the state allows them. Councilmember Theresa Telford said 1 a.m. seemed like a late deadline for fireworks to be allowed on July 5 and New Year’s Day, also noting noise concerns.
The issue of enforcement was also discussed. Councilmembers Chris Ruiz and Heath Becker wondered if the Sheriff’s Office would enforce a ban through citations if it were legal by city code and said a conversation with that office was needed before a decision on the ordinance was made. Strite wondered if the city could give authority to the fire chief to write citations of violations. Leath said he’d heard that for a ticket to be issued, an officer or fire chief would have to see the firework be lit and detonated.
Councilmember Cory Hollis was absent from the discussion, as he was helping put out a hay fire at the Jacobsen farm down Highway 28.
If the ordinance is eventually passed, it wouldn’t affect a Fourth of July here until 2023. The ordinance must wait a year according to state law to take effect, which would be past the Fourth of July 2022.
In other council business, a motion to repeal Ordinance 2021-09 and replace it with a new grant agreement with the FAA was tabled. The grant amount was incorrect and is a request for $800,000. Council was prepared to pass the resolution, but Strite noticed that the resolution said a public hearing had occurred. Since a public hearing hasn’t been held on the resolution, council decided to table the motion until that happens.
Representatives of People for People, nonprofit that offers free rides around the Columbia Basin, Yakima and Klickitat Counties and to the Tri-Cities for people in need, came to council and requested $10,000 in support. In the past, the city has offered $500. City staff said they’ll try to find a number in the middle and touch base again.
Council next meets July 28 at 7 p.m. in City Hall.
Drew Lawson is the editor of the Davenport Times. He is a graduate of Eastern Washington University.
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