City Commission Rejects Immediate Confiscation Of Illegal Fireworks

By Nicol Jenkins
Editor

Nearing July 4th celebrations, the Coral Springs City Commission has decided to reject some residents’ requests for immediate confiscation of illegal fireworks.

“We cannot say we will confiscate every illegal firework,” said City Attorney Sam Goren at a recent city workshop on illegal fireworks.
According to Goren, the state law prohibits cities from making new ordinances on illegal fireworks. In 2007, the state Senate put a freeze on new legislation. There is also a pending lawsuit filed by a fireworks company against Brevard County, which passed an ordinance to ban the use of illegal fireworks in backyards.

According to state law, if it flies in the air or explodes it is considered illegal, unless using them to scare away birds from crops or fish ponds or other exemptions including legal city fireworks displays. The city follows this state law.

Goren added, “Confiscation is in the state law, but it is subjective to the police department.”

Coral Springs Police Chief Duncan Foster says the current policy is to issue a verbal warning first and then confiscate. The officer’s computer dispatch system will capture the phone number and a dispatcher will let the officer know if it is a second visit.
“I don’t feel it’s good policing policy to confiscate them or cite people [without warning them first]. A lot of people buy them and don’t realize they are illegal. They sign the form without reading it and spend $100 sometimes,” said Foster.

The city of Coral Springs illegal fireworks study circle members were pushing for immediate confiscation. “Many believe city enforcement of current laws is lax. We want more record keeping of confiscation,” said Study Circle President Gordon Boast, who added that the group was told there was only one reported case of confiscation last year.

Foster responded, “We will do a better job tracking confiscation, but it’s not practical to create a report on every warning and confiscation. We do not give property receipts when we confiscate illegal fireworks because they have no value, but we will destroy the fireworks.”
Resident Carl Prescott disagrees. “I’m concerned that some commissioners would spend time championing the cause of how to confiscate the law.”

Resident Jerry Modell added, “In my opinion, education and warning will not work. The problem will continue to grow worse in years to come without law enforcement immediately confiscating illegal fireworks instead of giving a warning.”

Mayor Scott Brook said the city will educate residents and lobby Tallahassee. There will no longer be a study circle on the issue.  
Foster says the force will ‘beef up’ patrol July 4th. “We have mandatory overtime for some officers. Most people are very good once we advise them. Unfortunately we will be inundated with calls that it is impossible to get to all of them in a timely fashion.”
Residents can anonymously call in illegal fireworks use to the non-emergency number of the police department at 954-344-1800.

E-mail your opinions on this issue to opinions@southfloridamediagroup.com.