Wednesday, June 22, 2005 | ||
Bad Links? | PTC declines to regulate sparklersLegislature didnt create wiggle room for tougher regs, Meeker saidBy JOHN MUNFORD The new Georgia law authorizing the use of sparklers cant be usurped with a local ban, the Peachtree City Council was told Thursday night. Council ultimately took no action on the ban that was recommended by Fire Marshal John Dailey, who was concerned about safety issues relating to the nontraditional sparklers. These arent the traditional sparklers, he said, displaying a package of sparklers now allowed by state law that resembled 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. Traditional fireworks such as skyrockets, roman candles or other devices that explode or detonate are still considered illegal under the new law. City Attorney Ted Meeker said a sparkler ban from the city would violate the legal doctrine that prevents local government law from usurping state law. Had the legislation included special language in the law, the city would be in a position to adopt more strict regulations, Meeker said. For example, Georgias smoking ban, which takes effect July 1, allows cities and counties to adopt tougher restrictions if they choose. Dailey said he knew any sparkler restrictions wouldnt 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 among children. Thats 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 wasnt in favor of creating more fireworks restrictions in Peachtree City anyway. Im not in favor of restricting fireworks any more than, say, apple pie, Rapson said. Apple pie cant kill you, Weed replied. The new law requires 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 rockets were specifically excluded from the ordinance. State Fire Commissioner John Oxendine said sparklers can burn at temperatures as high as 1,800 degrees Fahrenheit and should be used with adult supervision. Approximately 7,000 people are treated in hospital emergency rooms every year for fireworks-related emergencies, and most of those involve children, Oxendine said. Oxendine recommends keeping a water hose or bucket nearby in case the sparklers start a fire. 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, scheduling conflicts caused some delays, Meeker said. |
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