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Fireworks may be allowed within Emporia

By Russ Morgan

Thursday, April 29, 2010

Residents of Emporia may have an opportunity during the upcoming Fourth of July holiday to shoot fireworks within the city limits, and city commissioners discussed an ordinance that would make it legal to do so.

Emporia currently has no specific ordinance outlawing fireworks within the city limits; rather, the city has always followed the guidelines of the International Fire Code, which bans fireworks but allows for cities to make exceptions.

For a number of years, there has been a substantial number of people who disagree with the city’s current policy prohibiting the sale and display of fireworks in town, according to City Manager Matt Zimmerman. The policy creates several problems, including the number of instances every year of people going into the county to shoot fireworks there.

“It also creates a problem for city staff, particularly the police department, because then we spend the few days before the Fourth of July and the Fourth of July and people call and want police to go down the street and get whoever’s shooting them off,” Zimmerman said. “And since it’s practically impossible during the holiday season to catch everybody, and we don’t have the resources to be out there everywhere all the time, it creates frustration where half the people think we should be enforcing it and aren’t, and half the people think we shouldn’t even be enforcing it, so how dare we even try ...”

In light of the complications of outlawing fireworks within the city, commissioners discussed a possible ordinance that will temporarily allow the sale and display of fireworks in Emporia on the 3 and 4 of July.

According to a study presented by Assistant Fire Chief Brandon Beck, a number of other cities have passed similar ordinances.

“I would like to add that, like anything, there is a risk of injury and property damage with any type of firework, but it is our belief that legal fireworks, handled properly based on recommendations by the manufacturer, can be done safely,” Beck said.

If changes are made to allow the sale, however, it might initially cause complications with vendors who have already reserved space for fireworks stands outside the city limits, Zimmerman said. Therefore, the plan under discussion is to temporarily lift the ban on fireworks displays for this year’s holiday, then pass an ordinance in time for vendors to work out plans for next year.

“A lot of the vendors lease land a year ahead of time, and we were concerned people would come in at the last minute and set up at 12th and Commercial, and they’re going to get all the business,” he said. “So we said, ‘Let’s take it a step at a time, let’s waive the requirement for one year and see how it works, and if we’re comfortable, we can pass an ordinance allowing the display and/or the sale of fireworks, giving people lead time into the next year.’”

Fireworks will only be allowed on private property with the consent of the landowner, Beck said. After discussion, commissioners said they would support an ordinance allowing fireworks from 10 a.m. to 10 p.m. on July 3 and from 10 a.m. to midnight on July 4.

“We know it happens anyway,” Zimmerman said. “We know it’s impossible for us to enforce during that period, and so if we set reasonable rules and reasonable hours, we might encourage people to maintain those instead of just doing whatever the heck they want to do.”

Commissioners also discussed a proposed ordinance to put a referendum question on the Aug. 3 ballot that will extend the city’s half-cent industrial sales tax.

The sales tax, which is used for economic development and property tax relief, was first approved by voters in 1993 and was renewed in 2000. Half of the money from the tax goes into the General Fund for property tax relief. The tax brings in about $2 million per year.

“If the sales tax is not renewed, then starting in 2015, that would be a $1 million hole in the General Fund Budget,” Zimmerman said.

The other half of the money goes either into the Bond and Interest Fund to pay the bonds on the Jones Aquatic Center or into the industrial development sales tax fund for economic development programs and budget requests from the Regional Development Association and Emporia Enterprises.

“If it doesn’t pass, generally it means industrial development goes away,” said Mayor Jim Kessler, or else commissioners will have to find other revenue sources to try to draw businesses and jobs to town.

Commissioner Bob Agler agreed.

“We can’t afford to take a million-dollar hit to the general fund,” he said. “... It’s been a very successful program, I think, for the city. ...”

As far as the wording of the ballot question, commissioners discussed whether to keep the question related to economic development and tax relief or to dedicate a portion of the money for more specific uses, as was the case when the tax was renewed before the Jones Aquatic Center was built.

“This is just such an important issue that we continue this for industrial development and property tax relief that I think I would be pretty steadfast that we keep it as clean as possible,” Kessler said.

Comments

mslater (Matt Slater) says...

"commissioners said they would support an ordinance allowing fireworks from 10 a.m. to 10 p.m. on July 3 and from 10 a.m. to midnight on July 4."

I suggest switching the times, ending fireworks on July 4 at 10 pm, since it falls on a Sunday this year, and some people (me at least, haha) have to work on Monday. Being selfish? Yes.

NOW TO THE TAX ISSUE :-D

“We can’t afford to take a million-dollar hit to the general fund,”

We already know through vast experiences in the past that you are going to spend every dime we give you, so therefore, if we give you less dimes, we will have more dimes to spend ourselves.

“If it doesn’t pass, generally it means industrial development goes away,” said Mayor Jim Kessler

Guess what, it already has went away. I may be way off base here, but if industrial development has gone away, shouldn't the industrial development tax go away as well?

"The other half of the money goes either into the Bond and Interest Fund to pay the bonds on the Jones Aquatic Center"

I was JUST talking about that in the other thread, funny you bring that up!

In summary, maybe instead of giving these people more money to spend, we should insist on spending cuts. Vote No!

Matt

It's a GREAT day in Emporia! :-D

April 29, 2010 at 11:27 a.m. ( permalink | suggest removal )

marko (anonymous) says...

I wonder what the sales tax on the fireworks sold during the week before the 4th would add up to for the city.

April 29, 2010 at 11:55 a.m. ( permalink | suggest removal )

admireed (anonymous) says...

$500,000 in sales 1% tax $5,000

Use your own estimate

Edward McKernan

April 29, 2010 at 1:29 p.m. ( permalink | suggest removal )

methusla (anonymous) says...

What, after all these years of people shooting fireworks (illegally) inside the City limits of Emporia, without much success in inforcing the law anyway, our city leaders are now wanting to make it legal, whats up with that ?
Is Zimmerman & Kessler trying to impress someone ? I for one am not impressed . If the City makes it legal to shoot fireworks within the City limits, does that mean the City can be held libel for any damages incured from said legal shooting of fireworks, e.g., fires to residences, bodily injury to bystanders, etc., . Just wondering.
And if this tax extension is voted for and approved, can/will Zimmerman and our City leaders guarantee that this will be the last tax increase/extension of any kind that will be asked for by our leaders ? I believe it is time for the taxpayers to have a break from the constant asking for more taxes . I know I will vote no, if our City leaders cannot guarantee that this will be the last tax increase/extension asked for for quite a while. Come on leaders give the taxpayers a break. Just thought I would look in on the forum, since my old damaged legs will only let me do so much at a time and I needed to take a break.
IT IS A GREAT DAY IN A GREAT TOWN, EMPORIA .

April 29, 2010 at 2:51 p.m. ( permalink | suggest removal )

lowereastside (anonymous) says...

I think it's great to allow fireworks in Emporia. Now I won't have to travel to a neighboring community to celebrate and spend money. LOL

April 29, 2010 at 2:51 p.m. ( permalink | suggest removal )

methusla (anonymous) says...

Folks, read these comments very carefully and draw your own conclusions.
“If it doesn’t pass, generally it means industrial development goes away,” said Mayor Jim Kessler, or else commissioners will have to find other revenue sources to try to draw businesses and jobs to town.

Commissioner Bob Agler agreed.

To me these two community leaders are saying, we have you taxpayers over the " proverbial barrel ", because if if you do not vote for a sales tax extension, we will definately raise your property taxes, utility rates, etc., etc.. So you see how things work in the world of the taxpayer and the want and spend mind set of those who are entrusted to spend our tax money prudently and wisely . Taxation and spending have been the downfall of many a community, even countries. Welcome to the " Over the Barrel " ride of the taxpayer.
OOPS, sorry for the " negativity " .
Ah, yes IT IS A WONDERFUL DAY IN EMPORIA .

April 29, 2010 at 3:01 p.m. ( permalink | suggest removal )

HenryVIII (anonymous) says...

Just great. It sounds like I need to go buy some more garden hose and sprinklers so I can put 'em up on my roof. I guess I'll have to run them from 10AM to 10PM on July 3rd and 4th.

Here's my prediction for E-Town this year:
http://www.break.com/usercontent/2008...

I'm only kidding. I love me some fireworks. Thanks city big-wigs! Now how about Sunday liquor sales?
'enry

April 29, 2010 at 3:25 p.m. ( permalink | suggest removal )

tbluma (anonymous) says...

Typical gov., can't enforce the rule or don't want to so will just change it.

April 29, 2010 at 3:46 p.m. ( permalink | suggest removal )

create (anonymous) says...

"For a number of years, there has been a substantial number of people who disagree with the city’s current policy prohibiting the sale and display of fireworks in town, according to City Manager Matt Zimmerman. "

So that's the reason? People were complaining? Hmmm...

Just yesterday another article pointed out that those of us who complain are the ruination of Emporia.

Well, what is it? To complain or not to complain?

OH yeah, it's a beautiful day in Emporia.

April 29, 2010 at 3:57 p.m. ( permalink | suggest removal )

Steve_Corbin (anonymous) says...

Come on all you old FUDDY DUDDIES!

Including Ron Thomas!

IT'S THE FORTH OF JULY!

Who cares if it's on Sunday this year?
they will be shot off legally or not, past midnight or not. Put cotton in your ears, (and your dogs ears), close your windows and turn the a/c on.

Fires and injuries?
That's what insurance and lawsuits are for.
The trail period this year should run from the day sales start, till they end.

Matt Slater, you drive a freaking tank for goodness sake, Grow a bigger pair buddy! :-)

IT'S A GREAT DAY IN EMPORIA ! :-)

April 29, 2010 at 4:19 p.m. ( permalink | suggest removal )

methusla (anonymous) says...

Steve, you forgot to add, watch your house possibly be set on fire and burn because no one has the nads to enforce a law. And how in the devil are you going to make sure that fireworks are going to be handled properly and safely, according to the instructions of the manufacturer, as the Fire Chief says ?
I predict big problems with this one.
IT IS A GREAT DAY IN EMPORIA ?

April 29, 2010 at 4:34 p.m. ( permalink | suggest removal )