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Council decides not to regulate sparklers

By JOHN MUNFORD
jmunford@TheCitizenNews.com

Worried about safety issues brought on by the Georgia legislature legalizing sparklers that look more like traditional fireworks, Peachtree City Fire Marshal John Dailey recommended Thursday night that the City Council pass an ordinance to ban them.

He wasn’t talking about old-school sparklers, the kind that you wave in the air for the 20-30 seconds they stay lit. Dailey showed a package of “sparklers” now allowed by the state law, many of which looked like regular fireworks due to their size and shape.

The new law allows for traditional sparklers and “other sparking items which are non-explosive” and have 75 grams or less of chemical compound per tube or, for multiple tubes, no more than 200 grams or less total.

The City Council decided not to reign in the sparklers after city attorney Ted Meeker said doing so would violate the legal doctrine that prevents local government law from usurping state law.

The city’s hands are tied in this case because the legislature failed to include language in the law that would allow local governments to adopt more strict regulations, Meeker said.

Dailey said he knew any restrictions wouldn’t keep residents from using fireworks if they want to, but the department will make an educational video to share with local schools in hopes of teaching fireworks safety to prevent injuries.

“That’s a great thing to do,” said councilman Murray Weed, who said he disagreed with the state sparkler law and he felt it needed to be changed at the state level.

Councilman Steve Rapson said he wasn’t in favor of creating more fireworks restrictions in Peachtree City anyway.

“I'm not in favor of restricting fireworks any more than, say, apple pie,” Rapson said.

“Apple pie can’t kill you,” Weed replied.

The new state law still forbids traditional fireworks such as skyrockets, Roman candles or other device that explodes or detonates.

The law does require sparkler purchasers to be at least 18 years old, and one of the concerns from staff is the potential of fire being spread through natural settings along the cart paths, Dailey noted in a memo to council on the issue.

The proposed ordinance presented to council by Dailey would have banned the sale, distribution, possession and storage of fireworks in the city, including sparklers and the other traditional fireworks. Model rocket devices were specifically excluded from the ordinance.

In other business, council extended the moratorium on development plans for large retail stores, commonly referred to as “big boxes.” The city is working with a consultant on changing its ordinance to make it less susceptible to legal challenge, and although it was hoped to have been done by now there were scheduling conflicts that caused delays, Meeker said.