Love or hate them, fireworks are here; police explain laws, response strategies

A 2022 Ohio law made certain fireworks legal, on several conditions; but cities were allowed to override that law if they wanted, and many did

It’s almost Fourth of July, so the annual battles between fireworks lovers and haters have begun, against the backdrop of recently changed laws that many still don’t understand.

Spend five minutes on social media and you’ll likely find some variation of this: A fireworks hater complains about rockets being shot off extremely late, or in unsafe fashion, or scaring their dogs and babies. A fireworks lover quickly responds that they’re now legal in Ohio, that this is a time for celebration, and that others should chill out.

As with most things on social media, they have a calm, rational discussion and come to an amicable solution. Just kidding.

What’s legal and what’s not

Whether fireworks are legal in your neighborhood depends on what your city decided in the past couple of years.

A 2022 state law allows sober Ohioans over age 18 to light consumer fireworks at certain dates and times, away from spectators, unless a local law says otherwise. Many local cities responded by passing laws banning fireworks — Kettering, Trotwood, Springfield, Fairfield, Beavercreek, Dayton and Fairborn are among the jurisdictions with bans that override the state law. If you’re not sure about your city’s rules, call your city hall.

But the cities that passed those laws don’t enforce them vigorously, just like you rarely get a ticket for driving 42 mph in a 35 zone. Last year, a post-July 4 Dayton Daily News review found that Kettering cited only one person for fireworks violations, while Trotwood, Vandalia, Oakwood, Beavercreek and Fairborn cited none.

Kettering Police public information officer Cynthia James said her department starts with warnings, in part because many people don’t realize the city ban trumps state law. However, Kettering has issued citations when repeated warnings are ignored.

“For the most part, people are pretty understanding and compliant if we do have to go out there. A lot of times, it’s just educating them that there is still a city ordinance,” James said about police using discretion. “Just because something is illegal, doesn’t mean we have to charge them every time they break the law, just the same as when we make traffic stops. We don’t have to give everyone a ticket.”

Sometimes police do try to step in, but it doesn’t work. Multiple people in Kettering complained about someone shooting off fireworks just after 3 a.m. Thursday near State Farm Park. But by the time residents called police and the officers arrived, the people were gone, leaving only the leftover fireworks packaging, according to James.

Police said on the Fourth of July itself, with the sheer volume of individuals shooting off fireworks that day, it would be impossible to find and cite all the violators.

“Once July 4 and that weekend hits, I’m not kidding, it’s basically the whole city (shooting off fireworks),” James said.

Springfield is another city where fireworks are prohibited. The city’s codified ordinances state that “no person shall discharge, ignite or explode any fireworks in this municipality.” There is an exception for licensed exhibitors of fireworks that are authorized to conduct a fireworks exhibition. Violators of the ordinance could face a first-degree misdemeanor charge punishable by up to $1,000 in fines or six months in jail.

Springfield’s fireworks prohibition “is primarily driven by our commitment to community safety,” according to Valerie Lough, community information coordinator for the city.

Lough said, “those found discharging fireworks within city limits will be issued citations.”

“We urge the public to report any instances of fireworks discharge within the City by contacting the non-emergency Dispatch number at (937) 324-7680

Credit: Bill Lackey

Credit: Bill Lackey

The city of Hamilton allows fireworks on the state’s specified dates, but does have a city ordinance against throwing or firing off anything that could cause physical harm in public places. Hamilton Police Sgt. Brian Ungerbuehler said police respond to complaint calls on an individual basis.

Ungerbuehler said they usually just issue warnings — about safety or about using fireworks during restricted hours or dates, or in restricted locations. But he said if they have to respond multiple times to the same problem, they may issue a citation and confiscate the fireworks.

“We just want everyone to enjoy themselves with fireworks, but to do it in a safe manner and be respectful of their neighbors, and follow the requirements of the law,” he added.

If you shoot fireworks, be smart

Those who can legally shoot fireworks under the new law should be aware of several conditions set by that statute — only certain consumer-grade fireworks can be used, only from 4-11 p.m. on certain days (June 28-30 and July 3-7 in this window), you can’t do it while you’re drinking or under the influence, and not close to kids.

The State Fire Marshal’s Fire Prevention Bureau had a few thoughts as well — don’t light that firework while you’re holding it in your hand if you want to keep your fingers, and follow safety precautions so you don’t join the 22 Ohioans who accidentally set houses on fire last year in fireworks incidents.

According to Anita Metheny, Fire Prevention Bureau Chief for the State Fire Marshal, hand injuries are a particular concern when it comes to lighting fireworks.

“You definitely do not want to hold those fireworks in your hands. They have a base, so set them on the ground and light them from there” Metheny said.

Even sparklers, which can burn around 2,000 degrees Fahrenheit, can injure children, and should only be used by older children under adult supervision. Metheny recommends not allowing children under 12 to hold sparklers, and not allowing any child to hold more than one at a time.

“Sparklers are so fun and gorgeous, and kids love them,” said Metheny, “but those things burn extremely hot.”

Other safety tips include keeping a garden hose or water bucket ready, dousing and discarding any firework that does not go off as expected. Those using fireworks should only do so outdoors, while pointing them away from people, houses, and flammable material.