Cannon Beach bans all fireworks

At its September 1 meeting, the Cannon Beach City Council adopted an ordinance that bans all fireworks within the city limits. According to the ordinance, “Fireworks disturb the peace generally and particularly impact wildlife, people experiencing post-traumatic stress disorder and pets.”

A staff report prepared by Emily Matasar of the City Attorney’s Office provided the following background information:

State law currently bans all sky lanterns (ORS 476.735) and prohibits certain fireworks through the State Fireworks Law (ORS 480.110 through 480.158). In addition, the Cannon Beach Municipal Code bans all fireworks, including fireworks that are legal under the State Fireworks Law, on the ocean shore.

All fireworks disturb the peace and generate litter within the City, and many fireworks also distress pets, wildlife, and people with post-traumatic stress disorder. Furthermore, fireworks used inappropriately (whether by malice, ignorance, or malfunction) and sky lanterns may easily cause fires.

Recently, the climate has become hotter and drier due to climate change, and fires in the state have become more severe and more damaging to the natural and built environment. The proposed changes to the Cannon Beach Municipal Code would prohibit possessing, discharging, or causing to be discharged all fireworks, including ones the State Fireworks Law deems legal, anywhere within the city limits.

The proposed ordinance also increases the fine for discharging fireworks and sky lanterns or causing fireworks and sky lanterns to be discharged within the city limits to a maximum of $5,000, with the fine escalating depending on the grade of the device and the fire threat level at the time of the violation.

If the ban goes into effect, it will be easier for the Police Department to enforce than the existing law because all fireworks are prohibited everywhere within the City. These increased fines are necessary to discourage the use of fireworks and sky lanterns, and are scaled depending on the violator’s likelihood of causing harm.

Novelty fireworks such as poppers or noisemakers generate litter and are generally disruptive, but are less likely to cause damaging fires, so the maximum fine for novelty fireworks is $100 per violation.

Fireworks that stay on the ground but have higher explosive power than novelty items are also disruptive and generate litter, and because of their explosive components, are more likely to cause injury and fires, so the maximum fine for ground fireworks is $1,000 per violation.

Aerial fireworks and sky lanterns, which are illegal throughout the state, are most likely to cause fires because they are uncontrollable and unpredictable, so the maximum fine for aerial devices is $5,000 per violation. Lastly, the proposed Code also enhances the fine for a violation if an agency with specialized fire knowledge warns that the fire conditions are particularly dangerous, such as during fire season, when there is a fire warning, or when the fire danger level is high.

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