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Effort to ban fireworks in ‘tinderbox’ Pierce County fails when GOP council members say no

Despite dangerous fire conditions, the Pierce County Council failed to pass an emergency ban on fireworks Tuesday after council Republicans argued it was too short notice, broke state law and was “virtually unenforceable.”

The legislation would have authorized the fire marshal to ban fireworks from June 29 until further notice for unincorporated Pierce County due to extreme fire conditions.

Pierce County fire marshal Warner Webb told council in a Tuesday study session that a fireworks ban would be necessary because of dry conditions, low humidity levels and no rain forecast over the next several days.

Webb has already placed a burn ban countywide until further notice due to “current and predicted dry weather conditions.”

Council member Jani Hitchen (D-Parkland) introduced the emergency legislation.

“Pierce County Council, recognizing the significant threat to life and property posed by fire risk during the current period of heat, deems it prudent and appropriate to authorize the Pierce County Fire Marshal to ban the discharge of fireworks on an emergency basis in unincorporated Pierce County,” the legislation said.

While the Democratic majority supported the effort, emergency ordinances must pass by a two-thirds vote, or five of the seven votes. The measure failed on a 4-3 vote.

Council member Hans Zeiger (R-Puyallup) voted no, saying he felt most people would use good judgment and those who don’t would continue to use poor judgment even if the legislation passed.

Council member Amy Cruver (R-Eatonville) said it’s difficult legislation, because she can see both sides, but said the government has become the “morality police.”

“This is something that is virtually unenforceable. If we make it illegal, there will be more calls,” she said. “If I thought that this legislation would make this safer, I would pass it.”

Vice Chair Dave Morell (R-South Hill) said he believed the legislation broke state law on fireworks, which requires a year from passage to implementation.

“I agree with the comments that something needs to be done, but not this way if we are going to violate state law,” he said in the council meeting.

King, Thurston and Clark counties have already passed firework bans in recent months to be enacted this summer. Fireworks are illegal in Tacoma, and fines have doubled this year.

Democrats were upset when it became clear they didn’t have the votes to pass the ban. Chairman Derek Young (D-Gig Harbor) said the council would bear the responsibility of wildfires that occur in Pierce County because of fireworks.

Young pushed back on the notion that such a ban would violate state law. In 2017, the council passed a measure that gives the body the power to pass emergency firework bans on short notice in case of extreme weather.

Council member Marty Campbell (D-Tacoma) said wildfires in Pierce County aren’t an “if” anymore, but a question of when and how large.

“Our county just became a tinderbox, and we say we aren’t going to take action for a year out? It’s not responsible for us to not respond,” Campbell said.

Council members Ryan Mello (D-Tacoma) and Hitchen echoed concerns, saying the council should do everything possible to avoid a wildfire in this unprecedented heat wave and dry season.

Pierce County Sheriff’s Department bureau chief Micah Lundborg said the Fourth of July is the busiest day of the year for law enforcement. South Sound 911 averages about 2,400 calls a day, but the holiday brings in 4,277 calls. On the three days when some fireworks are legal, July 3-5, the emergency call center gets 780 calls related to fireworks.

Lundborg said banning all fireworks would help deputies.

“If you put this in effect, it makes it easy to say this is enforceable and go and write a ticket for it all,” he said. “It is enforceable, but it is not everyone necessarily getting a ticket. It’s, ‘You have to put them away or you will get a ticket, or citation in the mail.’”

Central Pierce Fire & Rescue Chief Dan Olson told council members this year is one of the driest seasons he has seen in 37 years of service.

“It’s taking ignition sources out into the area, lighting a spark on dry grass. They are going to ignite a fire,” he said Tuesday.

The county keeps list of legal and illegal fireworks and when they can be discharged on its website.

This story was originally published June 30, 2021 at 11:10 AM.

Josephine Peterson
The News Tribune
Josephine Peterson covers Pierce County government news for The News Tribune.
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