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Fireworks proposal might be a dud

A proposal that would restrict the sales stays alive, but some commissioners are unenthusiastic.

By BRIDGET HALL GRUMET
Published February 23, 2005

DADE CITY - The County Commission took the first step Tuesday toward tighter restrictions on fireworks, although the effort might be destined to fizzle.

By a split 3-2 vote, commissioners told their attorneys to draft an ordinance that would prevent people from buying fireworks in Pasco County unless they file a detailed affidavit with some branch of county government.

The affidavit would ensure the person was using the explosives for a legal purpose, such as mining or shooing birds away from fish hatcheries. State law prohibits the recreational use of most fireworks, except for sparklers and professionally organized displays.

"This is an incendiary device," Commissioner Steve Simon said at the meeting in the historic courthouse in Dade City. "It can cause harm and damage to property."

The proposed ordinance will go through two public hearings, at dates to be determined, before commissioners vote. At that point, however, it may not have enough votes to pass.

While Commissioner Jack Mariano supported the idea Tuesday, Commissioners Ted Schrader and Ann Hildebrand did not. Commission Chairwoman Pat Mulieri cast the tie-breaking vote Tuesday keeping the proposal alive, but even she acknowledged, "I have concerns about doing this."

Schrader, whose east Pasco district includes sprawling homesteads and farmlands, has argued for prohibiting the use of fireworks in urban areas only. Hildebrand, whose district includes some of the most densely populated areas in Holiday and New Port Richey, said she gets few complaints.

But Simon said he got more than 80 complaints from constituents in his west Pasco district, often complaining about damage to their cars, porches and rooftops from smoldering firework remains.

"I've had grandmas in tears," he said.

People who buy fireworks already have to sign an affidavit, but usually the form is signed at the fireworks tent. No one checks for proof that the explosives are, in fact, for an agricultural purpose.

By requiring the form to be filed at a government office, along with some proof of the agricultural operation, Simon said he hopes to make it harder for those who "fib" on the forms.

The alternative - prohibiting the use of fireworks in certain areas - would be difficult to enforce, County Attorney Robert Sumner said. Fireworks are usually a problem on New Year's Eve, when sheriff's deputies are busy patrolling for drunken drivers, and on the Fourth of July, when scores of residents are setting off the colorful explosives, he said.

"They'd have hundreds and hundreds of complaints," Sumner said. "They can't respond to them all."

Another study, another delay for Ridge Road extension. Commissioners agreed to spend $140,985 on another wildlife survey of the proposed limited-access highway, with the hope of securing the U.S. Fish and Wildlife Service's support for the project.

The agency has a say in whether the Army Corps of Engineers grants a permit for the 8.5-mile road, which would connect Moon Lake Road to the Suncoast Parkway and U.S. 41. Sumner said he hopes to have the permit by the end of this year, but commissioners remain frustrated over the delays.

"It's almost like a black hole where we keep pouring money in," Mulieri said.

The fill ordinance is on hold. The commission postponed a final vote on the proposed fill ordinance until March 8, so the staff can consider some revisions.

As it is currently drafted, the measure would require a resident to get a permit to bring more than 5 cubic yards of dirt onto a property. Clean, organic mulch would not count, and agricultural operations would be exempt.

The goal is to prevent residents from filling their property in a way that floods their neighbors, but Schrader argued the measure could ensnare residents who simply need to repair their dirt driveways.

"I think the remedy is going to create additional problems," he said.

Bridget Hall Grumet covers Pasco County government. She can be reached in west Pasco at 869-6244 or toll-free at 1-800-333-7505, ext. 6244. Her e-mail address is bhall@sptimes.com

[Last modified February 23, 2005, 00:35:16]