New ordinance would be effective by July 4, 2009
July 4, 2008 is expected to be the last Independence Day people can set off any kind of fireworks other than sparklers in the city of Auburn without being busted.
City Council members are likely to adopt an ordinance at their June 16 meeting that would ban fireworks. The ban would go into effect June 17, 2009.
“It allows citizens to legally possess and discharge sparklers and prohibits all other pyrotechnic devices,” Police Chief Jim Kelly told members of the city’s Municipal Services Committee on May 26.
The ordinance, first proposed in December 2007, would not ban public displays of fireworks such as the Muckleshoot Tribe provides at Emerald Downs, nor would it affect fireworks lawfully sold and possessed on the Muckleshoot Reservation. What it would do, Kelly said, is create “an absolutely clear statement” of what’s not allowed off Indian land and the rest of Auburn. “
Kelly added that the ordinance would not empower police to stop a vehicle and search it after officers observed its owner purchasing fireworks. But if the fireworks are found during a stop based on other reasons, police could issue a citation.
“If we don’t proceed with this, we will let our citizens down,” said Councilman Bill Peloza. “I used to live on (Muckleshoot Hill), and it was terrible, just terrible.”
Last July 4, Auburn police sent out 21 special-patrol units, each made up of one police officer and one firefighter from the Valley Regional Fire Authority who worked together to confiscate fireworks. In addition, the department placed eight single-officer units next to the stands and discharge area on the reservation.
Kelly said enforcement would improve under the new ordinance because interpretation will be straightforward.
“Currently, the rule is if it goes up or blows up, it is illegal. The crux of that is the need for the officer to analyze the device he or she comes into contact with before they can enforce the rules under the ordinance,” Kelly said.
Mayor Pete Lewis said the tribe had requested a meeting several months ago and asked the city to “put it on a shelf” for further discussion. But since that day, the tribe has not responded to numerous city requests for additional meetings.
Calls to the tribal offices for this article were not returned.
“I have tried very hard to set up meetings with the tribe, with both myself and my staff contacting members on the Tribal Council. I will continue to try and do that,” Lewis said.
“The tribe can’t come up a solution to the problems, so their solution to the problem is not having any ordinance at all,” said Committee Chairman Gene Cerino. “If we can’t come to a point at which we can make an offer, I doubt very much we will come to a resolution.”
Lewis cited a recent city survey that showed 60 percent of the Auburn public dead set against the city paying for its own display.
“That surprised me. Sixty percent against is a pretty strong statement,” Lewis said.
