City Commission Rejects Immediate Confiscation Of Illegal Fireworks
Published June 18th, 2008
By Nicol Jenkins
Editor
Nearing Fourth of July, some Coral Springs residents’ requests for immediate confiscation of illegal fireworks will not be granted.
The Coral Springs City Commission decided against immediate confiscation at a recent city workshop on illegal fireworks.
“We cannot say we will confiscate every illegal firework,” said City Attorney Sam Goren.
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 because of 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.
However, Goren added, “Confiscation is in the state law, but it is subjective to the police department.”
The current Coral Springs Police Department policy is to issue a warning first and then confiscate.
“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 Police Chief Duncan Foster.
Many members in the city of Coral Springs illegal fireworks study circle 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.
However, Foster responded, “We will do a better job tracking confiscation but it’s not practical to create a report on every warning and confiscation.”
City Commissioner Vince Boccard added, “This is something completely unenforceable. So many families have parties and set off fireworks. We’d be arresting everybody.”
Resident Carl Prescott disagrees. “I’m concerned that some commissioners would spend time championing the cause of how to confiscate the law. People have said that when you come through the city the night of July 4th, skyrockets are hitting homes and it looks like a place that has lost its way.”
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 on illegal fireworks and will lobby Tallahassee. There will no longer be a study circle on the issue.
As for Fourth of July, Foster says the force will ‘beef up’ patrol. “We have mandatory overtime for some officers. We want to make sure our streets are safe. Most people are very good once we advise them. Unfortunately we will be inundated with so many 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.
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