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Show Fireworks Problems, But Sale Approved By MARK D. M1CKELSEN WOODS CROSS Despite a number of Fourth of July weekend fires, local fireworks vendors will be permitted, at least until the end of the year, to sell their wares in Woods Cross. BUT CITY councilmembers vow ed Tuesday night to review the issue next year. Policemen at the meeting reported seeing numerous numer-ous fires over the Fourth of July w eekend, some the result of improper use of firew orks. WORRY over fireworks-related injuries and fires prompted the city to deny, earlier this year, two licenses for the sale of fireworks within the city limits. Following some investigation into the city's revised re-vised fireworks ordinance. City Attorney Keith Stahle informed the council that they had no right to refuse a business license to either party. THE ORDINANCE states: "It shall be unlawful to offer for sale, expose for sale, sell, possess, or use or explode any toy cannon in which explosives are used, the type of balloon w hich requires fire underneath under-neath to propel the same, firecrackers, torpedoes, sky-rockets. Roman candles, bombs, or other fireworks fire-works of like construction or any fireworks containing contain-ing any explosive or flammable compound, or any substance or combination of substances or articles prepared for the purpose of producing a v isible or audible effect by combustion, explosion, deflagration deflagra-tion or detonation, other than aviation and railroad signal flares." The ordinance does not prohibit the use of toy pistols, toy cannons, toy guns or sparklers. SINCE MOST fireworks vendors locally distribute unexplosive materials like sparklers and smoke snakes, Atty. Stahle recommended that the two unapproved un-approved licenses be approved. "In our attorney's opinion," Mayor Lawrence Urry said, things that sit on the ground and are not propelled into the air "are permitted under Utah Code." . JUSTICE BOB Matheson told councilmembers. "You may prohibit all things that burn." but said other surrounding communities will likely continue to sell fireworks. Atty. Stahle, in a letter to the mayor and council, said "some effort" was made in the final session of the 1981 Legislature to change the law regarding fireworks. However, due to what he called, "some procedural errors." no new legislation was drawn up. "IT IS pretty much up to the city or county having jurisdiction of the area where the sale or activity is to take place to interpret the fireworks law and to define what items are permissablc or prohibited under their particular ordinances," he said. "Even though they sell them (fireworks) in Bountiful." Boun-tiful." Mayor Urry said, "we could enforce our ordinance ordi-nance in Woods Cross." BUT, SAID Justice Matheson. "it would be very hard to enforce." Mayor Urry said Woods Cross policemen reported re-ported seeing a number of bottle rockets for the 4th of July weekend. THE CITY council approved the two business licenses, previously denied, but said they will look into the ordinance again before next 4th of July. |