[StBernard] St. Bernard Parish fireworks ban may go up in smoke

[Westley Annis]

St. Bernard Parish fireworks ban may go up in smoke
by Chris Kirkham, The Times-Picayune 
Monday February 02, 2009, 6:00 AM

More than 25 years after St. Bernard voters chose to ban them, the Parish
Council is reigniting the debate about fireworks sales in the parish.

Under a plan introduced last month, shooting and selling fireworks would be
allowed from June 25 through July 5 and from Dec. 15 through Jan. 1 of each
year. Parish Councilman Wayne J. Landry, who proposed the measure, said it
offers a way for St. Bernard to better control what has already become a
common illegal practice around New Year's Eve and the Fourth of July.

"A large majority of the people are using fireworks, and we want to tax it
and control it, " Landry said. "We want to let folks purchase them in our
parish to get some tax revenues in place, and put these rules in place to
make sure we monitor it well."

Selling fireworks is allowed in unincorporated St. Tammany Parish, St. John
the Baptist Parish, Plaquemines Parish and in some of the municipalities of
Jefferson Parish. Landry has argued that residents are taking their money to
other parishes and then bringing fireworks back into St. Bernard anyway.

A vote has not yet been scheduled for the fireworks ordinance. The council
is working out many of the details in committee meetings.

As it is now, the proposal would prohibit the sale of fireworks to anyone
younger than 16 or "any intoxicated or irresponsible person." The parish
would require a $1,500-a-year license to sell fireworks and would prohibit
anyone convicted of a felony from holding a license.

The proposed ordinance prohibits shooting fireworks within 1,000 feet of
churches, gas stations, hospitals or public schools and within 75 feet of
where fireworks are stored or sold.

Fireworks have been illegal in St. Bernard since 1981, when voters approved
a referendum banning their sale after a series of house fires in Chalmette
on New Year's Eve in 1980. The parish's Police Jury followed up with an
ordinance that made sale and discharge of fireworks illegal, sparking a
contentious lawsuit filed by several fireworks dealers that made it all the
way to the Louisiana Supreme Court.

St. Bernard Parish Fire Chief Thomas Stone said he is reviewing the
council's proposed ordinance and is not taking a stand on it yet. Cracking
down on violators, even with laws on the books, is nearly impossible, he
said.

"It's very difficult to enforce the law, " Stone said. "There's widespread
use in St. Bernard Parish, and it happens in other parishes too."

Chris Kirkham can be reached at ckirkham at timespicayune.com or 504.826.3321.