Valpo committee discussing fireworks law

Valpo, Indiana's Fireworks Committee has found its fireworks advocate, and now it wants to hear from the rest of the public.

The committee held its first meeting Wednesday and will meet at 4 p.m. every Wednesday -- except March 12 -- through April to come up with a recommendation for the council on whether the city should have an ordinance regulating the use of fireworks.

The city had an ordinance banning their use, but that became invalid with passage of the state law, which allows the use of consumer fireworks all year. The law was changed last year to give local communities the right to limit the use except from June 29 to July 9 each year and on New Year's Eve until 1 a.m. New Year's Day.

Attorney Patrick Lyp said the only control the city has over the use of fireworks is if they are used outside the hours allowed by the state law and can be considered a nuisance or if someone shoots off fireworks that land on someone else's property without their permission, which also could be considered trespassing.

The city has a noise ordinance, but Councilman John Bowker, the committee's chairman, called it a joke and unenforceable because blanks were left for the hours it was to be enforced.

Committee Member John Schnurlein had said he would bring a large bag full of the fireworks he picked up in his yard the past two years after the state law was changed. He instead brought pictures of the fireworks and called the state's action "minority rule" and "lobbying at its worst."

Former Councilman Ed Howe, who lobbied for the amendment to give communities local control, said it tightened things considerably, but Schnurlein said he couldn't see it. Saying he was "too old to fight," Schnurlein said the city was better off when it had total control over the use of fireworks.

The one committee member who spoke in favor of allowing fireworks on more than the minimum number set by state law was Richard Orelup, who works in the information technology department at Valparaiso University. Orelup said he occasionally likes to set a few off in the evening after work and the limiting his use would be unfair.

"There are just times I like to come home and shoot them off for five minutes," he said. "When you talk about limiting the use, it will affect people like me who are considerate of their neighbors."

Orelup said he's talked to his neighbors about his using fireworks and doesn't do it late at night when it would be a nuisance.

Although one of the committee's options is to recommend no action by the council, Howe said he suspects it will suggest some change. The committee will study fireworks laws adopted by other communities before next week's meeting.

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