County, followed by fire districts and Sandpoint, ban fireworks

By Lyndsie Kiebert and Ben Olson
Reader Staff

Discussion surrounding a resolution to ban the use of fireworks in Bonner County heading into the Independence Day weekend turned into a lengthy debate over legal authority June 29, with county commissioners ultimately voting to adopt the ban — despite it having an impact on only two small sections of Bonner County land.

Resolution 21-56 cites this year’s “severe fire threat” as reason to ban the use of fireworks on Bonner County land “during the current fire season,” which is left undefined. However, according to Deputy Prosecutor Scott Bauer, Idaho Code prevents the board from issuing such a ban in areas of the county which are incorporated or protected by a fire protection district. Rather than issue a blanket ban for the entire county, Bauer said at the commissioners’ June 29 business meeting that the board was only capable of prohibiting fireworks in those places unincorporated or outside of fire districts, and if cities or fire officials wanted to adopt a similar resolution on their own, they would be able to do so before the holiday by calling emergency meetings.

Aerial fireworks like these were banned during fire season effective June 30. Courtesy photo.

According to Commissioner Dan McDonald, the areas covered by the county’s ban are “a small dot on the Sagle peninsula and a small dot just north of East Dufort.” A map attached to the resolution shows the majority of the county with a firework ban in place, but that is due mostly to the fact that fireworks are already not allowed on public lands.

“In reality, it’s mostly symbolic, as the sheriff was pushing this and he had two commissioners supporting him,” McDonald wrote in an email to the Reader, referencing the support Sheriff Daryl Wheeler received from commissioners Steve Bradshaw and Jeff Connolly. “It would have been a mistake to go against state statute and try to extend our authority outside of what we are allowed, and would have created potential financial liabilities for the county that we, as a practice, should be looking to avoid.”

“This symbolic ban does not impact previously planned aerial fireworks shows, and in reality, I’m betting all the fireworks that have been sold locally here and on the reservation will still be set off regardless of what the fire districts or municipalities choose to do,” McDonald continued.

The unanimous vote to approve the “symbolic” resolution came after public comments from several officials urging a more comprehensive ban, with Wheeler recounting how quickly he’s seen things go from bad to worse with local fires in recent years.

“I’m really concerned for the safety of our community,” he said.

Sandpoint Mayber Shelby Rognstad spoke on behalf of the city, stating that he was concerned that, with such a short window before July 4, all of the city councils and fire district boards would not have time to meet and adopt their own resolutions.

“Pardon the pun, but I am concerned we are literally playing with fire here,” he said.

Dale Hopkins, interim fire chief for the Selkirk Fire District, urged a countywide ban in order to make enforcement more effective.

“I can’t drive down the road and tell you where the fire district boundaries are — the sheriff can’t, and the tourists sure can’t … We don’t paint the lines on the property where these fire districts begin and end,” Hopkins said. “It is important, if we’re going to make this worthwhile, that it’s done countywide by the county commissioners and not just piecemeal.”

Regardless of the various appeals, commissioners stuck with Bauer’s legal advice and issued the firework ban covering only unincorporated areas and those areas not under the protection of a fire district, leaving it up to individual cities and districts to adopt their own bans. 

Sandpoint City Council took up the issue June 30 in a special joint meeting with the Sagle and Westside Fire Districts. Council members and the respective fire district boards discussed adopting a similar resolution to the one passed by Bonner County prohibiting aerial fireworks, or going a step further to ban all fireworks, including those referred to as “safe and sane,” such as sparklers and poppers.

Hopkins encouraged the council to adopt a ban due to the extreme heat and dry conditions affecting the region.

“This is a unique situation where we’ve had the sheriff come to the fire districts seeking support for a fireworks ban,” he said. “To me that should put a little bit of urgency to the need when you have the sheriff wanting to do that.”

The council passed a motion prohibiting all fireworks — aerial as well as “safe and sane” within city limits, with one dissenting vote from council member John Darling, who preferred to prohibit only aerial fireworks. The ban will remain in effect for the duration of fire season.

The Sagle Fire District then passed a motion banning aerial fireworks within its jurisdiction, allowing “safe and sane” usage. The Westside Fire District followed with a motion to ban all fireworks within its district.

The council met in the newly remodeled chambers, but City Administrator Jennifer Stapleton told the Reader that the main building inside City Hall will be closed to the public effective July 1 as remodeling is slated to take place the following week. City departments will have representatives stationed in the alcove to handle public needs, with the exception of the building and planning department, which has been temporarily located at Sandpoint Community Hall. Construction is expected to last throughout the summer.