Jackson fireworks ban may not last long

The fireworks ban in Jackson may not last long. On Wednesday, an alderman who supported of the ban changed his mind, an alderman absent during a vote Monday said he wants to reverse the decision and the alderman who sponsored the idea said he may ask for a new vote.

As they were wrapping up their regular meeting Monday evening, the Jackson Board of Aldermen took up, at the urging of Ward 3 Alderman Larry Cunningham, the question of whether to ban the sale and discharge of fireworks. Cunningham wanted the ban because allowing fireworks, he said, was "condoning the sale of bombs to children."

The vote was 4-2 in favor of a ban, with two members absent. On Wednesday, Ward 1 Alderman Phil Penzel said the decision, which he supported, was a hasty one that needs another look. He said he was uncomfortable with the vote soon after it occurred. The motion from Cunningham caught him by surprise, and he noted that the decision was made without hearing from the public.

'I made a mistake'

After listening to public opinion expressed in person and in online comments, Penzel said the fireworks ban itself was a bad decision he will work to reverse.

"The whole thing happened real quick and unexpectedly, that's for sure," Penzel said. "After it was done, it immediately hit me that I don't think we did this right. The public absolutely has a say-so in this, and that is the route we should have gone.

"Of course it was too late by then," he added. "I had already screwed up, and I made a mistake doing what I did."

Cunningham said Wednesday he still supports a ban but that he will ask for another vote when the board meets July 20. He will continue to do research, he said, to be prepared to show which other cities, such as Perryville, Mo., have banned private fireworks.

"In circumstances like this, I believe the silent majority is silent and the people with the big sticks are talking out," Cunningham said.

While he has not received a lot of calls, Cunningham said he was told Jackson City Hall staff were being bombarded with opposition calls. "Perhaps I am wrong," he said. "If I am wrong, I will make a correction, make a motion to reconsider the ordinance."

Ward 2 Alderman David Reiminger, who was absent because of family needs, said he would have voted against the ban and will oppose any attempt to formalize the ban with a measure repealing the language in the city code that allows sales and use of fireworks.

"I don't know what was broke, and I don't know why they tried to fix anything," Reiminger said. "We went over it very thoroughly a few years ago, and I am very content with just the way things are."

Penzel had initially defended the decision, noting that in his neighborhood there are large private fireworks displays that make his dogs extremely nervous and agitated. In that statement, he also said the motion to ban fireworks came as a surprise. He said he expected further discussion when a formal ordinance was drafted, but that he would need to hear "a compelling reason" to change his mind.

He was wrong to make it a personal issue, he said.

"I want to publicly go on record and apologize to the citizens of Jackson," Penzel said. "I made a hasty decision that night on an unexpected pop-up agenda item, and it was wrong. I made a mistake and I apologize, and all I can say is I am sorry and ask for forgiveness."

Jackson and Cape Girardeau have virtually identical fireworks laws. Fireworks stands may operate, and residents may use fireworks, from June 27 to July 4. The ordinances ban bottle rockets and other aerial fireworks but otherwise allow anything that state law allows for sale to private individuals.

The bottle rocket ban was put in place in 2004 following a house fire in Jackson that severely damaged the home of firefighter.

This year's violations

As is the case every year, numerous fireworks violations were reported in Jackson and Cape Girardeau. According to daily reports during the legal fireworks season, Cape Girardeau reported 22 fireworks violations, with 13 juvenile citations issued, 13 adult citations issued, two arrests and one car fire attributed to fireworks. Jackson reported 38 fireworks violation reports, but the daily reports did not indicate any arrests or citations.

Cape Girardeau's two hospitals reported treating 14 fireworks-related injuries, Cape Girardeau fire chief Rick Ennis said. The hospitals did not detail the severity of the injuries nor where the patients were when they were injured, he said.

Another nine incidents, including minor trash or tree fires, were reported, Ennis said.

The two aldermen who voted against the ban, Ward 3 Alderman Mark Dambach and Ward 4 Alderman Joe Bob Baker said they expected the strong opposition and will be happy to support an effort to reverse the decision.

"I think they ignited a firestorm, and now they are aware of it," Dambach said. "Hopefully it will be brought up by one of those four aldermen, and I am confident it will be voted down."

Baker, who said he has received "a bunch of calls," said he expects a crowded board chamber July 20. "A lot of people have been really upset about the way that went down."

The two other aldermen who supported the ban, Ward 2 Alderman David Hitt, and Ward 4 Alderman Dale Rauh, could not be reached Wednesday for comment. Ward 1 Alderman Curt Poore, who was also absent Monday, could not be reached.

rkeller@semissourian.com

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