Freelance fireworks

[Dan Alaimo]

There is a significant thread in the Lakewood Ohio (not City Hall's Lakewood Community) group on Facebook on fireworks. Not the big display at Lakewood Park on July 4, but all the smaller explosions we hear for a couple of weeks on either side of the event.

It's against the law, but I don't see anyway the police can enforce it. It's up to individuals to be considerate of their neighbors.

Most of the comments it seemed were telling people how to get away with it. A minority, including me, asked them to hold their fire.

I'm motivated mainly by one of my dog's fear of the loud noises, but it was also brought up that veterans with PTSD - who are unlikely to complain - can be severely affected (see this article: http://www.stripes.com/news/us/firework ... s-1.416340). One person posted a picture of her son who was badly burned by an errant fire bomb. This is a densely populated city, please show restraint.

We can plan around the big municipal display because we know exactly when it is are coming. Also it's a great display of civic unity and patriotism. The unexpected booms and flashes are something else.

I bought a ThunderShirt for my dog, and I'm hoping that many of the explosives were used up for the Cavs' celebration. But I think it is worth discussing. Maybe this will lure Fire Chief Gilman in for a comment.

[Michael Deneen]

These freelancers have become more common in Lakewood in the 21st Century, but still not to the level of my Cleveland childhood.
Back in the 70s it seemed like everyone was blowing off M-80s all around the neighborhood.

In addition to pets, my concern in Lakewood is for military vets suffering from PTSD. Fireworks can be very upsetting for them.

[Lori Allen _]

From what my nephew said, it is difficult for the police to do anything about fireworks on the 4th, as they have to catch the person in the act.

That being said, the only time I really get upset is when people set them off over my property. It is the holiday, it happens every year and is usually over with by 2 A.M. That being said, you still shouldn't do it at all due to the aforementioned reasons.

As far as pets are concerned, sometimes turning on a radio in the house a little loud and shutting windows can sometimes drown out a little bit of the noise.

[Brian Essi]

Actually, the police came in my backyard on the 4th of July just before the display at the park and confiscated all the fireworks my 15 year old nephew had. The policeman was very efficient and never spoke a word to anyone--he came and went within a minute. I am guessing it was because for several years prior, neighbors nearby had blown off quite elaborate "freelance displays" immediately after the park display.

I have never been excited about the "freelance" stuff. Even as a young boy, I never thought it was "cool" enough to be worth the danger involved.

[Lori Allen _]

Actually, the police came in my backyard on the 4th of July just before the display at the park and confiscated all the fireworks my 15 year old nephew had. The policeman was very efficient and never spoke a word to anyone--he came and went within a minute. I am guessing it was because for several years prior, neighbors nearby had blown off quite elaborate "freelance displays" immediately after the park display.

I have never been excited about the "freelance" stuff. Even as a young boy, I never thought it was "cool" enough to be worth the danger involved.

I question the legality of this. It is my understanding that it is not illegal to possess, but illegal to set off fireworks.

Was there any probable cause or reasonable suspicion to believe that you were going to set-off said fireworks (other than the fact that neighbors set them off years prior)? That hardly seems like probable cause to me. If no crime was committed (mere possession is legal, I believe), it seems to me that this was an illegal seizure.

Did he trespass on your property and seize the property without telling you the reason for the seizure? That also seems illegal.

I would have gotten my camera and told him to get off my property and to come back with a warrant.

If they are allowed to get away with this, are we going to start doing random "backyard searches" all over town without warrants?

[scott gilman]

There are several types of fireworks, the ones at Lakewood park are display fireworks and the require a license to purchase and shoot off, then there are consumer fireworks that you can legally buy in Ohio but you must sign an affidavit that you will transport them out of state within 48 hours it's referred to as the liars law. So it is legal to purchase them but not to shoot them off. The last type of firework are novelty items they are sold in almost any store and are not widely regulated. The difference between those and consumer fireworks is that novelty items won't shoot in the air or explode. Those fireworks are sparklers, smoke bombs and fountains.
Generally to be classified as a firework the display has to produce an explosion, light and smoke, novelty items do not do all three of those things.
It is impossible to respond to all the fireworks calls we get on July 4 th often times by the time someone gets there the they have stopped shooting them off.
It really doesn't matter which type of fireworks you use I have seen fires and injures from all three types. When it comes to M 80's they are made illegally with little quality control and are very dangerous .
If you buy sparklers for kids try to get the type with the wood wick it will not hold the heat like the metal wicks. Sparklers are not permitted in Lakewood Park during the fireworks because of injuries in the past.
If there are other questions about fireworks I will answer back as time permits.

[Brian Essi]

Actually, the police came in my backyard on the 4th of July just before the display at the park and confiscated all the fireworks my 15 year old nephew had. The policeman was very efficient and never spoke a word to anyone--he came and went within a minute. I am guessing it was because for several years prior, neighbors nearby had blown off quite elaborate "freelance displays" immediately after the park display.

I have never been excited about the "freelance" stuff. Even as a young boy, I never thought it was "cool" enough to be worth the danger involved.

I question the legality of this. It is my understanding that it is not illegal to possess, but illegal to set off fireworks.

Was there any probable cause or reasonable suspicion to believe that you were going to set-off said fireworks (other than the fact that neighbors set them off years prior)? That hardly seems like probable cause to me. If no crime was committed (mere possession is legal, I believe), it seems to me that this was an illegal seizure.

Did he trespass on your property and seize the property without telling you the reason for the seizure? That also seems illegal.

I would have gotten my camera and told him to get off my property and to come back with a warrant.

If they are allowed to get away with this, are we going to start doing random "backyard searches" all over town without warrants?

Lori,

I have a lot of trust and respect for police in general and Lakewood police specifically.

Police could probably walk down any street in Lakewood and hear fireworks and do what they did in my yard.

[Brian Essi]

There are several types of fireworks, the ones at Lakewood park are display fireworks and the require a license to purchase and shoot off, then there are consumer fireworks that you can legally buy in Ohio but you must sign an affidavit that you will transport them out of state within 48 hours it's referred to as the liars law. So it is legal to purchase them but not to shoot them off. The last type of firework are novelty items they are sold in almost any store and are not widely regulated. The difference between those and consumer fireworks is that novelty items won't shoot in the air or explode. Those fireworks are sparklers, smoke bombs and fountains.
Generally to be classified as a firework the display has to produce an explosion, light and smoke, novelty items do not do all three of those things.
It is impossible to respond to all the fireworks calls we get on July 4 th often times by the time someone gets there the they have stopped shooting them off.
It really doesn't matter which type of fireworks you use I have seen fires and injures from all three types. When it comes to M 80's they are made illegally with little quality control and are very dangerous .
If you buy sparklers for kids try to get the type with the wood wick it will not hold the heat like the metal wicks. Sparklers are not permitted in Lakewood Park during the fireworks because of injuries in the past.
If there are other questions about fireworks I will answer back as time permits.

Chief Gilman,

Do the police and firemen have the authority to enter private property to confiscate fireworks?

[Dan Alaimo]

There are several types of fireworks, the ones at Lakewood park are display fireworks and the require a license to purchase and shoot off, then there are consumer fireworks that you can legally buy in Ohio but you must sign an affidavit that you will transport them out of state within 48 hours it's referred to as the liars law. So it is legal to purchase them but not to shoot them off. The last type of firework are novelty items they are sold in almost any store and are not widely regulated. The difference between those and consumer fireworks is that novelty items won't shoot in the air or explode. Those fireworks are sparklers, smoke bombs and fountains.
Generally to be classified as a firework the display has to produce an explosion, light and smoke, novelty items do not do all three of those things.
It is impossible to respond to all the fireworks calls we get on July 4 th often times by the time someone gets there the they have stopped shooting them off.
It really doesn't matter which type of fireworks you use I have seen fires and injures from all three types. When it comes to M 80's they are made illegally with little quality control and are very dangerous .
If you buy sparklers for kids try to get the type with the wood wick it will not hold the heat like the metal wicks. Sparklers are not permitted in Lakewood Park during the fireworks because of injuries in the past.
If there are other questions about fireworks I will answer back as time permits.

Thank you, Chief Gilman
I'd be less interested in reporting people and taking away their fireworks, and more interested in convincing them that not shooting them off is a good thing to do, and probably the safest thing. Can you share any numbers or anecdotes that might convince even a few people?

[kate e parker]

Chief Gilman,

Do the police and firemen have the authority to enter private property to confiscate fireworks?

I thought you were a lawyer? don't you have lawyer-y ways to find answers to questions of law?

[Missy Limkemann]

I know this time of year my entire crew (and there are a few) freak out. I have a few that could care less. I have found that Benadryl and/or Melatonin has worked wonders to calm them down. Both are safe for dogs.

[scott gilman]

Brian: Fire departments operate under OAC when it come to fireworks below is what I followed. When it came to confiscating fireworks I did it with a warrant or when it was in open sight most of the times it was when I responded to an incident and it usually involved a large amount of fireworks. I don't like taking them because disposal is always an issue.

I cannot not speak to the police procedures.

(a) 3301.2.1 Residential uses.
No person shall keep or store, nor shall any permit be issued to keep or store, any explosives
at any place of habitation, or within 100 feet (30 480 mm) thereof.


(7) 3301.7 Seizure.
The fire code official is authorized toremove or cause to be removed or disposed of in an approve dmanner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this
rule
.
(a)
3301.7.1 Notification to fire marshal.
The authority seizing any fireworks shall notify the fire marshal not more than
three days following the date of the seizure and shall state the reason for the seizure, as well as the quantity, type, and location of the fireworks. Any fireworks seized pursuant to division
(B) of section 3743.68 of the Revised Code shall be made in accordance with statutory and constitutional provision governing searches and seizures by law enforcement officers.
The fire marshal’s or certified fire safety inspector’s office shall keep the seized fireworks pending the time they are no longer needed as evidence. A sample of the seized fireworks is
sufficient for evidentiary purposes. The remainder of the seized fireworks may be disposed of pursuant to an order from a court of competent jurisdiction after notice and a
hearing. The fire marshal’s or certified fire safety inspector’s office may impound seized fireworks at the site where they were seized and cause them to be secured and held pending
the time they are no longer needed as evidence

As for incidents LFD has responded to, we have had fires from something as simple as a sparkler being dropped on a piece of furniture, injuries to adults and children hit by rockets or roman candles all resulting in a varying degree of burns or soft tissue injuries and eye injuries from the debris. While one would think common sense would prevail it i absolutely a terrible idea to shoot of fireworks in you house no good ever comes from that.