County Board Committee Moves Fireworks Ordinance to Full Board

The Effingham County Board Legislative Committee Monday voted to move a proposed fireworks ordinance to the full Board for consideration.

Meeting as a committee of the whole, the Legislative Committee is the nine members of the County Board, so the Committee basically moved the ordinance to themselves for a vote at next Monday's Board meeting.

The vote to advance the legislation was 8-1, with Joe Thoele the lone dissenter. Thoele was concerned that State's Attorney Bryan Kibler couldn't give the proposed ordinance a ringing endorsement.

Asked his opinion, Kibler said he is concerned about "the ambiguity of the legislation" and said "my concerns are strong." From a practical standpoint, Kibler said, "as long as there is a gray area, I don't see an insurance company covering this."

County Board Vice-Chairman Dave Campbell, who is pushing the measure, said he spoke with the American Pyrotechnic Association, who told him that safety has actually increased since regulations over sales of fireworks have been enacted elsewhere. Campbell also said State officials say Illinois is missing out on an estimated $19 million/year by banning sales and forcing Illinois residents to go out of state to purchase fireworks.

Among the provisions of the proposed ordinance:

--a permit would be required to sell consumer fireworks

--a permit would cost $500/year for a seller and $500 for the public display of fireworks

--applications for a seller's permit would be submitted to the County Clerk between May 1-15 each year

--a retailer would have to be at least 21 years old

--the applicant would have to have sufficient insurance

--temporary fireworks stands would have to be inspected by the fire chief of the appropriate district

--each temporary fireworks stand would have to be staffed by someone at least 18 years old when in operation

--all unsold stock and accompanying litter would have to be removed by noon on July 7

--all public displays would have to be conducted by a licensed pyrotechnician

--the fire chief of the fire protection district where any firework is located or situated is authorized to enforce the ordinance

--the County Board would have authority to issue a public permit to all county residents to publicly display fireworks on special occasions and holidays, subject to the approval of the appropriate fire chief 

Campbell said the American Pyrotechnic Association states that safety has increased since regulation of displays has begun and said of those who participated in a recent press conference opposing the proposed ordinance "it's a bunch of fear mongering".

Effingham County Health Department Administrator Rebecca Merten said she remained opposed to the ordinance

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In other business Monday, the committee briefly considered allowing ATVs and UTVs on secondary roads, and then tabled the measure. Asked for his opinion, Sheriff Dave Mahon said he's not a proponent, due to safety concerns.

The committee also voted to move ahead with a request to Southeastern Container of Effingham to return an almost $11,000 real esate tax reimbursement the company received last year. The company was granted a waiver on the taxes, but has now announced plans to leave Effingham.

Action was delayed on a contract with Laborers Local 1197, since there are still a couple of concerns about the agreement, which would cover employees in the state's attorney, county treasurer, county clerk/recorder, maintenance, circuit clerk, probation and public defender clerical staffers.