Fireworks on city's agenda

Two draft resolutions were presented to the city council Tuesday during its study session -- one that would permit and another that would prohibit sale of the items within the city limits.

City manager Ed Craig explained to the council that the police department had been asking for an ordinance that would regulate the time period in which fireworks could legally be used.

But there has also been confusion whether people have the right to sell fireworks inside the Shelbyville city limits, Craig said.

An ordinance was passed by the council in 1953 that prohibits both the sale and use of fireworks in the city. The city recorder can find no evidence of that document ever being changed.

Also, Craig stated that issues relating to fireworks are not in the city's code and haven't been since 1976, "so we need a new ordinance to make part of our code."

Craig said if the police have a clear definition of what is permitted, then they would have an idea of how to enforce the nuisance calls they receive

The city manager said he copied Tullahoma's ordinance, which is similar to one written by the University of Tennessee's Municipal Technical Advisory Service (MTAS) and gave the council the two options.

Ordinance details

Both ordinances would allow fireworks to be used in the city on July 1 through July 3 from 10 a.m. until 10:30 p.m. and until 11:30 p.m. on July 4. Fireworks would also be permitted on New Year's Eve from 8 p.m. until 1 a.m. Jan. 1.

It would be illegal to sell fireworks to anyone under the age of 16 or any intoxicated person. Fireworks would be banned from being set off within 600 feet of any church, assisted living facility, nursing home, hospital, funeral home or public or private school or within 200 feet of where fireworks are kept or sold.

Also, it would be illegal to set off fireworks into or at a motor vehicle or on another person's property without permission, or to launch fireworks onto a person's property without given permission.

The ordinance allowing fireworks sales requires a retail permit fee of $1,000 for the summer months and $500 during the winter period. The permits would only be valid from June 20 through July 9 or Dec. 21 through Jan. 5.

Mobile vendors and flashing signs would not be permitted and site plans would be required. The applicant would also pay a $100 clean-up deposit per location.

The fireworks stands must be no more than 60 feet from an occupied building and would only be permitted on commercial or industrial property.

The stands would also have to be located at least 150 feet from a residence and would not be allowed on any property where there is an existing retail business that is operated from a building in excess of 125,000 square feet.

The parcel where fireworks are sold would also have to be a minimum of 750 feet from any other fireworks stand. In case of conflicts, priority would be given to the retailer who obtained a permit the previous year at the same location.

Any violation would be subject to a $50 fine, the ordinance reads.

Councilman Lee Roy Cunningham said he had heard from a woman who reported people shooting fireworks several weeks before and after the Fourth of July.

"She wasn't against fireworks, she just didn't like them after the Fourth," Cunningham said.

City recorder Betty Lamb also said that city hall gets frequent calls about people setting off fireworks.