Cape City Council OKs new rules on fireworks

Cape Girardeau residents who live near schools and churches won't have to worry about breaking the law if they shoot off fireworks this Fourth of July.

The city council Monday night gave initial approval to an ordinance that lifts the current ban on the sale or discharge of fireworks within 600 feet of a church or school.

In its place, the council approved a measure that prohibits the sale or discharge of fireworks on any church or school property without written permission from school or church officials.

The ordinance also:

Prohibits shooting off fireworks from inside or on top of buildings and knowingly discharging fireworks at another person's property without that person's consent.

Prohibits discharging fireworks from or at a vehicle and at or near any person or group.

Allows the fire chief to issue a permit for discharge of fireworks that otherwise would violate city law.

Police chief Steve Strong told the council in its study session and later at the regular meeting that the old ordinance is unfair and hard to enforce because many homes are near schools and churches. As a practical matter, police have not strictly enforced the ban.

"It's difficult to tell a family they can't use fireworks and their neighbors can," he said.

In some cases, it would be legal to discharge fireworks in a person's back yard but not the front yard, he said. "There are whole sections of the community where it is virtually illegal to discharge or sell any fireworks," Strong said before the meeting.

Strong said earlier in the day at his office that a simple solution would be to outlaw the discharge of all fireworks in the city. But he said there wouldn't be community support for such a move.

Mayor Jay Knudtson said he'd like to ban fireworks in the city but acknowledged that wouldn't fly with the public. In the end, the council unanimously voted for the ordinance recommended by the police chief.

Strong said police responded to 160 fireworks complaints last year from June 20 through July 4, the period of time in which the city allows fireworks to be sold and discharged.

Some people have discharged fireworks from building roofs or from open windows in homes or apartments, Strong said. That poses a safety problem, he said.

Many of the complaints involved fireworks being discharged into neighbors' yards, the police chief said.

In many cases, he said, it wasn't intentional and people directed their fireworks in another direction after police notified them of the problem.

The new ordinance, however, would make it a violation if people continued the activity after being warned by police, Strong said.

Permit denied

In other business, the council refused to grant a special-use permit to Agan Alkan to operate a motorcycle dealership and place a business sign at his home, a duplex at 2605-2607 Themis St.

Councilman Jay Purcell said, "We have to preserve the integrity of the neighborhood."

The Planning and Zoning Commission had recommended the permit after none of the neighbors showed up at last month's commission meeting to object to it.

But at Monday night's council meeting, Cora Griffith, who lives near Alkan's duplex, complained that Alkan speeds up and down the street on his motorcycles, and poses a danger to children playing in the neighborhood.

Strong said the police department has received complaints about the loud noise from the motorcycles.

Alkan told the council he refurbishes salvaged motorcycles in his shop behind his duplex and races motorcycles. Without the special-use permit, he said he can't buy motorcycles at dealer prices.

Knudtson said he loves to ride motorcycles but doesn't believe such a motorcycle shop should be allowed in a residential area.

"If that was in my back yard, I would be spitting mad," the mayor said at the study session where council members discussed the issue at length before the regular meeting.

mbliss@semissourian.com

335-6611, extension 123