LYNN — The City Council’s new illegal fireworks enforcement committee held its first meeting on Tuesday night, where they brainstormed ideas with local authorities on how to decrease the use of illegal fireworks.
Ward 5 Councilor Dianna Chakoutis created the committee after a drastic increase in complaints against fireworks last summer.
City Council President Darren Cyr said the increase in fireworks usage has been tough on the elderly, veterans, pet owners and people with certain medical conditions.
“I get it, everyone wants to have a good time,” Cyr said. “But last year was just completely out of control.”
With fireworks beginning in the city as early as last week, Cyr said his hope for the committee is to create an ordinance with enforceable measures to show people that illegal fireworks are a zero-tolerance issue.
The city’s attorney, James Lamanna, recommended enacting a home rule petition to increase fines, since the existing state law for the possession and use of fireworks is a fine between $10 and $100.
“It’s almost to the point where it’s not even worth it to write a ticket,” Lamanna said. Unfortunately, Lamanna said, a home rule petition would take a couple of months to enact, so it most likely wouldn’t be put in place until after the Fourth of July, which Cyr said wouldn’t be as effective.
“We cannot conflict with any existing state statute unless we connect a home rule petition that would increase the fines,” Lamanna said. “My legal recommendation would be to use noise ordinance and litter fines, based on what the police department can and can’t do.”
According to Cyr, a noise ordinance can carry a fine of up to $300 and, with the recent increase in litter fines, Cyr suggested writing tickets for noise and litter along with illegal fireworks; he imagines the higher penalty would discourage people from breaking the law.
Acting Police Chief Lenny Desmarais, who is also a part of the fireworks committee, said the department has been talking about ways to be more proactive with noise ordinances, saying that could possibly be an effective way to target decreasing the use of illegal fireworks.
Desmarais added that fireworks are a tricky subject to police, and that many people at the City Council meeting have probably lit fireworks in their backyards or with friends at one point or another.
If a noise or fireworks complaint is called and police visit a residence for the first time, Desmarais said they always try for compliance first and give a warning. But if police have to go back again, Desmarais said, a noise ordinance would be applicable.
“I do agree about what occurred last summer; we’ve just never been through something like that before,” he said.
In regards to a noise ordinance, police may face some limitations, including if fireworks are lit off at a park or other public place, and the party disperses before police arrive. Desmarais said it is easier if the call is to a private residence.
“It’s a long process to get a new home rule petition, but we do have tools in place that we’ve already been discussing from last summer, to until recently, to do better and try and work smarter and try to warn people and follow up with the noise ordinance,” Desmarais said.
Fire Lt. Mike Smith discussed the dangers associated with fireworks, mentioning a three-alarm fire in 2018 prior to the Fourth of July, which was caused by someone shooting off fireworks.
“We investigate every fire, but beyond that, we are very limited with what we can do about fireworks,” Smith said. “We’re not handing out fines or tickets. We can pursue criminal charges, but that typically doesn’t happen.”
Smith said that the biggest thing the fire department can do is confiscation.
“With Lynn canceling the fireworks this year, everyone wants to put on their own home firework show. Hopefully next year it’ll calm down a little bit, but we still have to get through this year,” Smith said.
Ward 2 Councilor Rick Starbard expressed his frustration with the increase in illegal fireworks throughout the summer, and said he understands this is a very difficult situation to police.
“I think the worst of it is when they’re lighting off the quarter sticks or the M-80 firecrackers, because those are the things that are rattling people out of bed,” Starbard said.
Ward 6 Councilor Fred Hogan said the committee was a good idea, and hopes the issue gets a lot better this year.
“Now with a lot of things opening back up, maybe it’ll lighten up a little this year, but this committee is a good step in the right direction,” Hogan said. “I just hope we can make some changes.”
The committee is deliberating over those ideas and will discuss them further at the next meeting on May 24.