HomeMy WebLinkAbout07-30-19 Public Comment - H. McFadden - Fireworks Ordinance July 30, 2019
Mr. Terry Cunningham
Bozeman City Commission
121 N. Rouse Ave.
Bozeman,MT 59715 Re: Fireworks Ordinance
Dear Mr. Cunningham:
You came to our door when you were campaigning. I enjoyed our conversation and decided you were
the one to vote for. Now I approach you with a problem of long standing with the hope that something
can be done to remedy it.
Up front, I personally enjoy fireworks in the right setting. I grew up with fireworks in the days when
we could buy cherry bombs and M-80s. I may be the only person you know who celebrated the 4`h by
firing an anvil high into the air with black powder and split 3' logs with a black powder log splitter. All
was done as part of a July 4 celebration on a ranch miles from anyone who might be disturbed.
Nearly 15 years as Laramie City Attorney taught me something about the council-manager form of
government. My duties included advising the police department and the fire department. I took
training along with members of both uniformed services, including over 100 hours on arson and
explosion investigation. I understand the political and practical difficulties that commissioners,police,
and firefighters have concerning fireworks. Even so, something must be done.
The problem is that a few scofflaws make our neighborhood a fiery,noisy hell and the law against
doing so is not enforced.
The relevant law is section 18.05.040 of our municipal code. For our purposes,please note the
prohibitions on setting off fireworks within 300' of a public park or on public streets, and the limitation
on fireworks that are allowed in the city. To simplify,the permitted fireworks cannot go higher than
15' and are not to have loud explosions.
We live in the New Hyalite View subdivision(the tree-named streets in the SE corner of the city). In
this subdivision, there are maybe 5 or 6 households who set off dozens of aerial fireworks, star shells,
loud reports, firecrackers,rockets,whatever was for sale when they bought their stash.
A few years ago, one of the aerial shells set a small grassfire down the trail from our house. City
commissioners came out and looked at the burn sear, said Oh My, and nothing more was heard. The
following year,the morning of July 5 I found a spent rocket, one of those with plastic fins, about 4"
long,next to a pile of dead leaves by our house. To land where it did,the rocket had to pass over at
least one house and several trees, all well over 15'high, and come nearly straight down to pass through
a narrow area between our lilacs and the neighbor's. We are thankful that it did not ignite the leaves
and our house.
According to the map of Bozeman available on the internet, all of the open space in this subdivision is
parkland. There is nowhere in the subdivision that is 300' from the parkland. That means that
fireworks of any description are forbidden. Not in the streets. Not in front or backyard. Not allowed,
period.
I wanted to see how the City handles the situation. So off I go to the fire department. Nice
conversation with one of the administrators, but no results. When the explosions started on July 4,
2018, we called the police. A nice young officer came to our house. He had stopped on the way to talk
to one of the offenders,who agreed to hold off the fusillade until others began. The officer talked
about the difficulty of enforcing the fireworks ordinance and the plight of those of us who want it
enforced. The result was that nothing was done and the noise was continuous from 8 until after
midnight. This is not a criticism of the officer,who was probably giving us the company line he was
given at roll call. Not his fault, but I felt that the PD was ignoring a legitimate complaint.
What is the City's policy on fireworks ordinance enforcement?
The problem is not confined to the times and dates that the ordinance allows (quiet) fireworks in some
parts of town. We had stuff going off every evening through the 71"
We have two dogs who are terrified of fireworks. I can see the machismo coming out when some folks
say they are proud that their dogs are fine with fireworks and gunshots. I've had dogs that were OK
with it too, but these two are not. Our veterinarian says that most dogs are like ours. They hide in
shower stalls, the bathtub,pee on the bed,tremble and quiver for hours. Our own sleep is disturbed for
several nights.
We have spent a lot of money on veterinarian visits, drugs, dog ear plugs, a thundershirt, all with little
success. On 2 mg of lorazepam, a tranquilizer,their reaction is reduced but not eliminated. This year
we rented a forest service cabin in the Gravelly Range to get out of town for the 41n and 5`n. Seems a
shame to be chased out of our home by a few scofflaws, but that's reality. When we returned,we still
had three nights of bang bang to go.
I know veterans from Vietnam and Iraq who have PTSD. Fireworks make them relive experiences
which the rest of us should be forever thankful we did not have.
My wife posted a note on the subdivision's e-newspaper. Two or three reactions agreeing that the noise
is too much and one guy who doesn't believe that the parkland is parkland.
After 50 years as a lawyer,I still believe in the rule of law. When anyone can decide with impunity
which laws are convenient to follow and which are just a botheration to be ignored,we no longer have
civilization. We have anarchy. When those who are sworn to serve and protect are protecting the
lawbreakers,there is little reason to think that city ordinances are anything but a list of suggestions for
good conduct, no teeth at all.
There will be those superpatriots who will interpret enforcement of the fireworks ordinance as an
infringement of their right to do anything they want as long as they can wrap it in the flag. We cannot
allow them to dictate how the rest of us must live. A"right"is conduct which the courts will enforce.
As one famous justice said, "Your right to swing your fist ends where my nose begins." No right is
absolute. There is no right to set off fireworks next to parkland in Bozeman. There is no right to set
off loud explosive fireworks in Bozeman. The rest of us have a right, given to us by the unenforced
ordinance, to be free of the noise and disturbance in our homes.
Bozeman has a fine public display. I have no opposition to public displays put on in safe places by
professionals.
The City has a choice to make. Either enforce the ordinance or repeal it. Enforce the ordinance in
2020. Give plenty of notice that it will be enforced. Post notices by the fireworks stands. All it takes
is a citation, no need for a custodial arrest any more than does a routine traffic stop. Give a ticket to
each violator and let the controversy begin. I am betting that after a year of relative silence,most of the
folks who live here would rather not have Armageddon every July.
Since ely,
Hugh McFadden
1418 Cherry Dr.
Bozeman, MT 59715
hbmcfadden@yahoo.com