Monday was a Good Day at Council

The Bellingham City Council met on Monday, 2/11/13. And some good things took place fireworks-wise:

• During the mid-day Committee of the Whole Meeting, Stan Snapp moved, under Old or New Business, that the fireworks issue be sent for discussion to Public Safety Committee which he chairs.  After the required second, the motion was passed 6-0 with Councilman Bornemann absent.
• During the Mayor's Report portion of the evening Council Meeting, Mayor Linville and Fire Chief Roger Christensen announced an "interpretation" of our existing fireworks ordinance (i.e., BMC 10.24.130) intended to prohibit the sale at fireworks stands in our City of so-called "cakes" (A cake is a dense-packed collection of mine/shell tubes that are fused together). It’s “a small step forward” but a good indication that City officials are serious about acting to get the fireworks situation under control. All other consumer fireworks identified as such by RCW 70-77-136 are still allowed to be sold in the City, including such aerials and/or blasters as Roman Candles, Mines/Shells and Reloadable Mortars.
  Later . . . 

More Interesting Facts

While reviewing State-wide fireworks information for my previous posting to this blog, I decided to also compare the City's fireworks ordinance (i.e., BMC 10.24.130) with Washington State fireworks laws (i.e., RCW 70.77 and WAC 212-17).  This review revealed the following items which I need to share with you:

1. Since my last visit the the Fire Marshal's compilation of fireworks bans and restrictions in Washington, the numbers of both have increased noticeably: Bans in Cities have increased from 51 to 58. Restrictions in Cities have increased from 55 to 91.  And restrictions in Counties have increased from 9 to 13.  Bellingham public officials need to recognize the significance of these increases and make ours the 59th city in Washington to put a total ban of fireworks in place.  
2. Since I began, nearly four years ago, to voice my concerns about fireworks in Bellingham, many residents of our City -  including a couple of Members of City Council and a former Mayor - have stated that they thought fireworks were already banned in our City.  WRONG!  As allowed by RCW 70.77.250(4), Bellingham revised its' fireworks ordinance by putting restrictions, but not a ban, in place in 2005.  The current fireworks ordinance (i.e., BMC 10.24.130) includes restrictions that are above and beyond the minimum requirements of RCW 70.77 and WAC 212-77.  Consumer fireworks are not currently prohibited.
3. So, the obvious question is, what restrictions are currently in effect in our City?  One fact is somewhat surprising: no types of fireworks other than those already prohibited by State or Federal statutes were added to the current fireworks ordinance.  And the actual restrictions that were added have proven to be unenforceable and hence ineffective.  Both are in force each year during the June/July time frame.  RCW 70.77.395 and WAC 212-17-060 stipulate the 8-days when consumer fireworks may be legally sold and used in our State, from the 28th of June through the 5th of July.  The current Bellingham fireworks ordinance reduces consumer fireworks sales by just one day, allowing no sales on the 5th of July, and consumer fireworks use to just one day, the 4th of July.  A total ban in our City would prohibit the sale and use of consumer fireworks year round except so-called "toy cap, trick and novelties", as provided for in RCW 70-77-405 and WAC 212-17-30, and those already listed at BMC 10.24.130.D.

Later . . .

County and City Bans

After Mayor Linville inquired last week as to whether Whatcom County officials had been contacted regarding our seeking a fireworks ban in Bellingham, I decided to do a bit of review of State-wide fireworks information, and below is compiled what I have come up with.

BTW, the data shown below is a summary of information available here on our website (Click on "Page 1 of Existing Consumer Fireworks Bans and Restrictions") at and from the State Fire Marshall at http://www.wsp.wa.gov/fire/docs/fireworks/ordinances.pdf.

1. Fifty-eight (58) cities in Washington have total bans.
2. Of the thirty-seven (37) counties in Washington, four (4) counties have total bans.
3. These counties are Franklin, Spokane, Yakima and Okanogan.
4. Within Franklin County, two (2) cities - Connell and Pasco - have total bans.
5. Within Spokane County, five (5) cities - Cheney, Liberty Lake, Millwood, Spokane and Spokane Valley - have total bans.
6. Within Yakima County, seven (7) cities - Naches, Selah, Sunnyside, Tieton, Toppenish, Union Gap and Yakima - have total bans.
7. Within Okanogan County, one (1) city - Oroville - has a total ban. 

BOTTOM LINE:  Of the fifty-eight (58) cities in our State with total bans, just fifteen (15) are located within counties with total bans.  That means that forty-three (43) cities in our State with total bans are not located within counties with total bans.  It's time to make Bellingham the 44th!  Later . . .

To Council We Did Go!

A group consisting of nine (9) residents of our City who support the efforts of Freedom From Fireworks in Bellingham voiced their concerns about fireworks at Monday evening's City Council Meeting during it's Public Comment Period.  Check it out at http://www.cob.org/services/education/btv10/videos/council/2013-01-28-council-meeting.aspx.   This group's Public Comments come early in the video (between 2:30 and 31:00).  You should also check out Mayor Linville's comments during the Mayor's Report toward the end of the meeting (from 112:00).  Later . . .

To Council We Shall Go!

At long last, some good things are starting to happen relative to the fireworks problem here in Bellingham, in part because of this year's New Years illegal fireworks barrages.  Apparently, lots of folks contacted members of the Bellingham City Council regarding these barrages and some Council members responded.  The "rumor" is that Council will to bring this situation forward for discussion this year.  This is where we need to personally engage members of City government.  And here's how:  Early on at each City Council meeting, members of the public are welcome, in 3-minutes time slots, to speak to the Mayor and Council members about whatever is on their minds.  So, on Monday evening, January 28th, to council we shall go: a group of residents of our City who support the efforts of Freedom From Fireworks in Bellingham will be voicing their concerns about fireworks during that evening's Public Comment period.  Later . . .

New Years Illegal Fireworks

     Here are excepts from a couple of recent postings to Mayor Kelli, City Council Members, the Bellingham Police Department and the Bellingham Fire Department:

"New Year Greetings to All,

      Last June, representatives of the Bellingham Police and Fire Department and of the City Attorney's Office made a presentation to the Mayor and members of City Council regarding fireworks in our City.  This presentation included a review of the City fireworks ordinance - BMC 10.24.130.  As a simplification of what this ordinance prohibits fireworks-wise in our City, it was stated that any fireworks that leaves the ground or goes "bang" instead of "pop" was illegal.  Last evening, on the Southside, many fireworks that shot far into the air and/or exploded with "bomb-like" noises "greeted" the New Year!  These explosions continue this evening.  I am hoping that the multiple BPD units that are at this very instant - 9:45PM - are in Happy Valley are in fact evidence that these folks who continue to ignore the existing fireworks regulations are being sought.  Please advise.  THANKS!"

"Greetings

      I would like to comment about my experience regarding the new years eve fireworks observed here in the Sunny Land Neighborhood. I have waited until this morning to send an email because I wanted to wait a few days to see if any reports regarding illegal use of fireworks showed up on the Bellingham Police daily activity report for  new years eve. I checked this morning and there was not one report. I am reporting on the activity in the

vicinity around my home . . . The obviously illegal fireworks started going off at approximately 11:30 PM, and continued through to 1:30 AM. I am talking about extremely loud explosions. It is still clear to me that the police department is powerless and reluctant to enforce the law regarding the use of illegal fireworks in the City of Bellingham. The City Council needs to step up to the plate and be the lawmakers that they were elected to be and put into effect a total ban of fireworks. This is a huge public safety issue.

     Durring the New years eve fireworks this year I didn't even bother to make one 911 call because of the experience I had on the last fourth of July with the Bellingham Police Department.  That seems to me a good indication that the city council will continue to do nothing about the Firework issue. If nothing else why doesn't the police department enforce the city's noise ordinance  BMC 10.24.120?"

     Here are excerpts of postings received today on this Freedom From Fireworks in Bellingham blog:  

     "We called 911 New Year's Eve.  I said "I know you don't care about this and you probably won't do anything about this but my neighbors are breaking the law right now and I'd like a patrol car to drive by."  The explosions stopped about 15 mins later so I think they actually drove by.

     We had a couple ideas after the fact:

1) I am going to write a personal note to my neighbor (I know exactly who does this every 4th and 31st) this July 3rd and beg them to not break the law again/be unneighborly. I am also going to offer to donate up to half of what they are spending on these explosives to the charity of their choice.

2) I looked into creating an online database where we can have people log incidents when they happen so we get a realistic view of how much law breaking is going on.

     What continues to bother me here is this...why even have this law if it isn't going to be enforced?  I hate this sort of stuff."

     ". . . you might want to contact the Whatcom Humane Society for statistics on the animal impact of fireworks. After New Year's and the 4th, there are always dogs picked up by Animal Control who got out during the fireworks and ran around terrified until they were found. A few get hit by cars as they run blindly out into the street. I volunteer there so I hear about these issues. I also know that the vet there distributes sedatives for the staff's animals before those holidays. My cat sat on my chest New Year's Eve, submitting to hugs (a rare thing), from 11:30 to 1 AM. You have a lot of supporters at WHS."  

2:00 AM Blasts on Southside

Was awakened early this AM by, you guessed it, the repeated blasts of fireworks!  It was apparently a ways off, as my Aussie did not react as she usually does.  However, it would seem that this year's end-of-the-year fireworks have begun.  Contrary to what I have urged you all to do, I did not call 911 nor post City representatives regarding the incident.  I probably with do the latter today, and herein, I am sharing news of this event with you folks.  Later . . .