By Traci Chapman
Published on August 7, 2008

Mustang’s fireworks policies will not change this year, after an ordinance requested by Council at its last meeting was defeated in a 5-2 vote.

Council members heard from fireworks proponents Tuesday after hearing from several residents opposed to personal fireworks at their July 15 meeting. At that time, Council passed a measure by a one-vote margin, decreasing the time residents could pop fireworks by two days. At that time, they asked staff to bring an ordinance on that change before them.

That 4-3 vote, led by Mayor Jeff Landrith and Ward 2 Councilwoman Kathleen Moon, was opposed by Scott Gibson, Linda Hagan and Katherine Callahan, representing wards 3, 5 and 6.

Ward 1 Councilman Jay Adams and Ward 4 Councilman Keith Bryan, who approved the measure July 15, changed their votes Tuesday. If passed, the ordinance would have reduced the number of days residents can shoot fireworks from eight to six.

Police Chief Monte James said that number changed because he determined when drafting the ordinance that fireworks are legal for an eight-day, rather than a seven-day, period.

Four proponents of fireworks attended Tuesday’s meeting. After Brad Homer, a member of Mustang Planning Commission, brought up a “wrinkle” in the proposed reduction — in some years, residents would not be allowed to pop fireworks on the day of the city’s annual bean supper, depending on where the Independence Day holiday fell — Adams said he had no choice but to change his vote.

“I love fireworks, but I also understand that not everyone does,” he said. “I have no problem with a cutback in the time, but not allowing them during the bean supper is a problem.”

Resident Walt Sirman said he saw the July 15 Council meeting broadcast. During that meeting, fireworks opponents appeared before the Council to ask for restrictions and, in some cases, a total ban of personal fireworks.

“I watched those people, and some of them were almost comical, some of the reasons were almost comical,” he said. “You are also hurting our student groups that raise money on fireworks. Please leave the fireworks alone.”

Homer said he did not oppose cutting back the days and he wouldn’t have a problem with an ordinance only allowing residents to set off fireworks July 2, July 3 and July 4 and the night of the bean supper, which is held annually the Saturday before the Independence Day holiday.

He said he was one of the residents who responded to the city’s survey asking for some change — a cutback on days fireworks are allowed.

Homer said he is involved with several civic organizations, and he did not believe a cutback on the number of days fireworks are popped in the city would hurt the sales relied upon by those organizations as a fundraiser.

“The greatest percentage of sales are on the 4th, 3rd and also the 2nd,” he said.
Coeta Morrell, who said she has lived in the city since 1965, said “some” members of Council need to “keep your nose out of it (fireworks).”

“Some of you people, if you would spend some of your time trying to take care of the problems of the city, such as the police department and the fire department, instead of messing with things that have already been settled, I think you’d be a whole lot better off. Some of you ride the fence,” she said. “I’ve always shot off fireworks, and I’m going to as long as I’m here. You can make all the laws you want to, but you’d better make the jails big enough because I’m going to shoot fireworks.”

Hagan said she was “totally opposed” to the move to change fireworks restrictions, saying, “We never hear from the majority. Those people (opponents) will not be happy until it’s absolutely gone.”

Landrith said after looking at the surveys received by the city, as well as speaking to residents and touring neighborhoods after the holiday, he believed many people wanted some kind of change to Mustang’s fireworks policy.

“This is going to come back up,” he said.

Hagan, echoing Morrell’s statements, told Landrith, “We can count on you bringing it up. You ride the fence on just about everything. I’d just like to hear from you yes or no — not, well, ‘as mayor I’m against it, but as a citizen, I’m for it.’ Give us a break.”

Landrith did not change his vote on the issue, voting for a cutback on days fireworks are allowed at both meetings.

“For me, this is more about finding a balance,” Landrith said. “This is an effort to recognize those folks who wanted some change.”

City Manager David Cockrell reported July 15 that complaints were down 29 percent, from 184 last year to 131 this year.

According to a report submitted to Cockrell by Police Chief Monte James, 115 of those calls related to “time violations” — individuals popping fireworks outside the allowed hours — and 16 related to other offenses, such as shooting fireworks in illegal locations and trash.

Of 85 calls logged by police, the report stated only 20 callers identified themselves to the police dispatcher, and only 25 actually witnessed a violation. Of 50 residents offered a citizens complaint form, only one accepted it.

“I believe the reason for the reduction of complaints was that we really focused on education,” Cockrell said at that time. “There were several newspaper articles, we ran information on the television station, posted the large signs in Wild Horse Park and distributed flyers at the fireworks stands and Fireworks City.”

While overall calls were down, residents opposed to the city allowing fireworks told Council members at their last meeting that the noise, the trash and, for one, the damage to her vehicle, had turned the holiday into a “time of dread” for them.

Resident Tony Wasson cited the noise and the trash from neighbors shooting fireworks, saying, “I wonder if we would have had to wear hard hats if we’d been there,” he said. “I don’t think there was one square foot of my grass that didn’t have something on it I had to get it out of the gutters, off the roof — I don’t want to have to do this every year.”

A survey sent to residents last fall was returned in record numbers, Cockrell said, with the following results:
-Continue allowing fireworks with no ordinance change: 830 (38 percent)
-Do not prohibit fireworks but ordinance changes should be considered: 746 (35 percent)
-Fireworks should be banned completely: 585 (27 percent)
Of those residents suggesting that fireworks not be prohibited but wanting ordinance changes, many suggested multiple changes. Therefore, although 746 households chose this option, 1,720 responses were received within this category. These are broken down as follows:
-Fireworks in residential areas should be banned: 262
-Fireworks in commercial areas should be banned: 394
-Fireworks in public parks should be banned: 206
-Fireworks on public streets should be banned: 425
-The number of days fireworks are allowed should be reduced: 433

Addressing fireworks opponents, Sirman and Morrell said those residents had a choice to move out of “a city that allowed that freedom.”

“I would not live in agony worrying about the holiday,” Sirman said. “If I didn’t like it, I would leave. It’s that simple.”

“If you move down here, if you don’t like it, then don’t move out here. If people don’t want to live out here where we have fireworks, then you don’t need to be here,” Morrell said.

Landrith said most of the “serious” fireworks problems he saw over the holiday appeared to involve alcohol. He suggested a ban of low-point beer at Wild Horse Park during the time fireworks are allowed, which passed in a unanimous vote July 15. The ordinance formalizing the change was also passed unanimously Tuesday.

All other alcohol is already prohibited, Cockrell said, except when permitted for weddings and other functions inside city facilities.