Daphne police give no tickets for 22 Fourth of July fireworks-ban violations

Posted 7/6/11

DAPHNE, Ala. — The city received a handful of complaints this past Fourth of July for violations of a fireworks ordinance that banned the manufacturing, storage, sale and discharge of display pyrotechnics within city limits.

Police received 22 …

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Daphne police give no tickets for 22 Fourth of July fireworks-ban violations

Posted

DAPHNE, Ala. — The city received a handful of complaints this past Fourth of July for violations of a fireworks ordinance that banned the manufacturing, storage, sale and discharge of display pyrotechnics within city limits.

Police received 22 reports of such violations for the Jubilee City, which has more than 20,000 residents. Twelve incidents were unconfirmed due to unavailable evidence when police arrived at the scene; 10 incidents involved people whom police believed were unaware of the ordinance, Daphne police Capt. Danny Bell said. He said the department received no calls about repeat offenders for the 24-hour reporting period.

“Most of the people claimed that they didn’t understand that (about the ban); a couple of the officers even noted that they only lived here a short period of time, moved from a different place, whatever the case may be,” Bell said.

Confusion may also have arisen because of what city leaders have called Daphne’s “jigsaw” borders. For instance, although Belforest residents living in proximity to Daphne residents — in some cases, just across the street — could shoot fireworks legally, as the ban precluded unincorporated Baldwin County communities, their incorporated neighbors were not permitted to do so. Such was the case when The Bulletin spotted children on Baldwin County Road 13 lighting sparklers in Belforest — but children also were spotted lighting sparklers at Al Trione Sports Complex during the city’s official fireworks display. Despite a statewide burn ban Gov. Robert Bentley issued due to drought conditions, official, city-sanctioned fireworks displays were allowed.

Nevertheless, police reported no incidents associated with fireworks-ban violations.

“It looks like they resolved every single complaint the first time,” Bell said, referring to police who took a “reasonable” and lenient approach when dealing with violators — none of whose actions spurred injuries or other dangerous situations.

“We always try to be reasonable with our enforcement if we can show that you in fact did not know” about the ordinance, he said. “You might have been here for a month … you’re hardly established, much less have your newspaper or all the other stuff” that informs residents — “that’s somebody who’s in flux. OK now, not a problem.”

Bell said he believes the police department has sent a clear message to residents.

“Each year, we can statistically show a decrease in our complaints dealing with fireworks,” he said. “We know and we’re confident that we’re getting the message out. Even if we have to in person deliver the message, we’ll pull up, we’ll get out and we’ll explain the ordinance to them and the purposes of it and we’ll ask them to stop.”

Violators, if ticketed, would have been subjected to a municipal court appearance and likely would have paid a fine.

No violators this year received tickets, Bell said.