By Stephen Smoot
A few months after several Enterprise residents shared their complaints and concerns about irregular and obnoxious releasing of fireworks, the Harrison County Commission has approved limits on displays by private citizens or organizations.
Residents had expressed problems with a small number of households in the area that would set off fireworks during the night and early in the morning. Their complaints included that the explosions interfered with the sleep of those who needed to go to work and school. Additionally, they described negative effects on combat veterans with post-traumatic stress disorder and also pets.
Harrison County Administrator Laura Pysz-Laulis pointed out that the Commission had discussed changing the ordinance from a strict $1,000 fine to a range between $200 and $1,000 fine.
This reflected one of the points made in a past meeting by Harrison County Prosecutor Rachel Romano. Speaking as a private citizen and not as Harrison County Prosecutor during a Commission meeting public comment period, Romano expressed opposition against passing any ordinance. She made recommendations for amendment if the Commission voted to pass it, including giving more flexibility on the amount of the fine.
This way the court could discern between first offenders who were unlikely to act against the law again versus habitual violators. Commissioners tended to agree with her objection to the original fine.
Pysz-Laulis pointed out that “one of the questions that has come up, is that a fine for each discharge or one event, because as it’s written right now, it’s per discharge. If it can be any time you set one off and you set off six mortars, you have a $6,000 fine.”
Commissioner David Hinkle, who had expressed reservations about the ability of area law enforcement to effectively enforce such an ordinance in a past meeting, said “I make a motion to approve as presented the fireworks restriction ordinance.” He had shared reservations that law enforcement could respond in time to gather evidence of a violation, while also objecting to time spent by law enforcement on a response.
Hinkle had also noted previously that he had experienced his own frustrations with inconsiderate fireworks use that frightened his dogs.
“With a change of $200?” asked Commissioner Patsy Trecost about Hinkle’s motion.
“No Sir, as presented and written and handed to me today.” replied Hinkle.
Trecost then stated “I’ll make the motion to do as the County Administrator said, approve it as Mr. Hinkle did” with the adjustment being including the range of fines instead of just $1,000.
After Pysz-Laulis stated that she needed more clarification, Harrison County Commission President Susan Thomas said that she wished to see more such adjustments.
Hinkle then inquired of Trey Simmerman, Harrison County Attorney, if Commissioners had the ability to make such amendments and adjustments to the proposed ordinance at the second reading stage. Simmerman said “we can amend the ordinance up till passage. That’s the purpose of today’s meeting.”
He then said “I’m hearing two competing motions. One is presented and one is an amendment.”
“Will somebody explain the amended part?” requested Hinkle.
Thomas then provided her own suggestions to the ordinance, starting with how the restricted times get set as well as fireworks’ launching point being 500 feet from homes, hotels, or any other structure where a person might sleep. No discussion took place on whether or not this included known areas where homeless might sleep outside.
Trecost had pointed out that enforcement could be difficult due to the fact that police would rarely be present to keep track of when or where fireworks were set off. Simmerman called it “a moral hazard. In some cases, doorbell or other types of video cameras might catch a violation in progress.
Romano had stated in the earlier meeting that 500 feet would effectively outlaw fireworks displays in most of the populated suburban and urban areas of Harrison County. Thomas ended up suggesting 250 feet as a reasonable distance.
She then called for a vote on Hinkle’s motion. He stated “this is the ordinance you’ve been bringing before the citizens for the last month and a half.” Hinkle’s motion was defeated one to two.
Trecost’s motion for the amended ordinance contained. $200 to $1,000 fines, a 250 foot buffer zone between the area of launch or use and structures where a person might sleep, as well as time and date restrictions. Fireworks can be set off Monday through Friday before 9 p.m. or on weekends before 10. The ordinance includes a list of holidays that can have more expanded times of display.
“I just have to comment,” added Hinkle prior to the vote, “this has got to be the most complicated ordinance I’ve ever heard.” He added that he saw a potential problem in expecting “the citizens of this county to figure out when they can set one off or not set one off.” Simmerman concurred and suggested that the County offer a guide to the ordinance.
“You are one foot away from saying ‘what the h***, we don’t even need one. I’m confused,” noted Hinkle.
“We’re still going to have an issue,” mused Thomas, to which Hinkle replied “just don’t vote for one.” Commissioners voted in favor of the amended ordinance two to one, making it law in Harrison County.
Hinkle said afterward, “send my apologies to the Sheriff’s Department.”
