Fireworks Ordinance Hits Another Snag In Sandy Springs

SANDY SPRINGS, GA — The Sandy Springs City Council continues to struggle with a new set of rules handed down by the state legislature that gives local entities a little more leeway in restricting fireworks use in their jurisdictions. Council members at their Aug. 7 meeting unanimously tabled a proposal to allow residents to obtain special use permits to use consumer fireworks.

The proposed ordinance would have required residents to obtain a permit for $5 by filling out an application at City Hall and submitting that request for review and approval. City Attorney Dan Lee said the option to move towards a special use permit was the preferred method for city staff, as it would be hard for Sandy Springs officers to police the use of fireworks using tools to measure the decibels of the noise.

While state law allows the use of fireworks any time of day from 10 a.m. to 11:59 p.m., legislation that went into effect on July 1 allows local jurisdictions to restrict their use via their noise ordinances. Regardless of what local noise ordinances dictate, however, the use of fireworks is legal until 11:59 p.m. across the state on the last Saturday and Sunday before Memorial Day, July 3-4, Labor Day and Dec. 31 (the time carries over until 1 a.m. on Jan. 1).

Lee said the proposal for a special use permit also stems from a recommendation made by city leaders at the July 17 meeting. Councilman Andy Bauman, who was not at the July 17 meeting, expressed concerns that there were no limits on the special permit process, including no indication of how long the permit would be valid and how many times a resident can obtain one throughout a calendar year. If he wanted to ignite fireworks to celebrate his birthday on April 25, Bauman said the city's proposal as it stands would only require him to pay the $5 fee.

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Lee said the city would have to use its noise ordinance to police fireworks use in the city on the days that fall outside the state exemption. The use permit, he added, would also allow police and the city to easily track users who are subject to complaints by neighbors. Sandy Springs could also add notice requirements and inform area residents when they could expect to hear fireworks.

“It’s clear we have some additional work to do on this," City Manager John McDonough said, adding a suggestion to table the proposal and bring the discussion back for more debate at a future work session.

McDonough added city staff members can bring back some options to consider along with the use permit, including suggestions that could be similar to how Sandy Springs handles filming permits. However, Lee cautioned City Council members that there's isn't much wiggle room outlined in the state law.

“I don’t want you to get your hopes up," he said. "The state law is very limiting in what you can do.”

Council members did, however, pass an ordinance that essentially re-adopts Sandy Springs' current laws on the books that regulate noise. Lee said the new state law required local entities to once again adopt their noise ordinances if they planned to use those local laws to regulate the use and ignition of consumer fireworks.

The city manager went on to say that the fireworks issue is a prime example of how the state legislature has eroded home rule for cities and counties. Not only are the state rules too lenient, McDonough said it also places local police departments in a bind, as they are unable to properly curtail the use of consumer fireworks.

"This is very, very restricting to local governments," he added.

One resident, Joe Hines, spoke in opposition to a special use permit before the city's meeting. Hines, who has two small dogs, said they "completely lose their minds" whenever fireworks go off in the city. He notes he believes the state's laws are written for rural Georgia residents, and do not give any consideration to citizens who live in urban or suburban settings. This results in six days out of the year when his family has to "bunker down" in their basement, medicate their pets and ride out the noise.

He also told the Council that he's had disputes with his neighbor, who allegedly waits until the last minute during holidays to launch his fireworks display. The resident added he's even tried to reason with his neighbor, who threatened to kick him off his property "in a punitive way" if he returns to complain about his fireworks display, Hines added.

Hines ended his comments by stating he sometimes wakes up to find unlit fireworks in his yard. The city, he said, should use its noise ordinance to regulate the use of fireworks and not roll out a special use permit process.

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