There was no way for local police to respond to every single one of the 20 calls of illegal fireworks complaints received in a 50-minute period July 3, Newton Police Chief Rob Burdess said, which further emphasizes the difficulty officers face when enforcing the limited usage ordinance around Independence Day.
“We had a 50-minute period where we had over 20 calls,” Burdess said. “So how do you realistically respond to all of those and enforce this? And you can’t. It’s just not logical or even possible. I could have my entire force out there and they wouldn’t be able to keep up with what’s going on.”
Regardless, the Newton Police Department was able to issue four citations from the 68 fireworks-related calls from July 1 to 4. Each citation is $400. Compared to some previous years, Burdess said the number of fireworks calls in 2022 are in line with what the city has received the past four years, provided 2020 is left out.
Considered by the police chief to be an outlier year because of the pandemic, 2020 garnered 230 complaints and 22 municipal citations for fireworks ordinance violations. Compared to 2019, Newton Police Department reported 109 calls for service. As a result of the 2020 fireworks season, the city raised the fines.
“2020, of course, was COVID year. Everybody was cooped up, I think, for too long and decided to blow up the town,” Burdess said to council members during their July 5 meeting at city hall. “It seems like that was pretty common around the country, realistically.”
In 2021, the police department reported about 107 fireworks calls and issued about six citations. Compared to this year, officers are dishing out fewer citations (but only just) but the department is also receiving less calls about it. Burdess said the city does seem to be trending down in the amount of complaints.
Oftentimes the police department sees fireworks complaints as early as June, coinciding with state code dates and the rise of vendors during the same month. But Burdess said this year “it was pretty bleak,” which is good for the city. Most of the complaints, however, are funneled through the Fourth of July weekend.
Burdess said there was one report of a severe injury as a result of fireworks. The chief said it is an ongoing investigation and he is not able to give many details.
“I will surely give more details on that as the investigation unfolds a little bit more,” he said. “Beyond that, it was a busy weekend for officers and dispatchers. Beyond fireworks this is one of the busier weekends in terms of alcohol use. Not only are they chasing fireworks around, they’re chasing drunk people around.”
After Burdess’ report, city council member Craig Trotter asked him how officers respond to fireworks calls and determine whether a person can be charged. Burdess said it takes a lot of different factors. Depending on which law and what type of call, officers may have to witness people shooting off fireworks.
However, there is also a social host ordinance that allows police officers to enforce in an indirect way, but there needs to be evidence on the scene. When police have state code charges — anywhere in a public area, such as a roadway, park or apartment complex — officers need to see the person set off fireworks.
Or they can have a witness who is willing to go to court and fill out a statement. Burdess said the city code violation requires evidence of discharged fireworks. But when whole neighborhoods are shooting off fireworks and sending debris off in different directions, it can be challenging.
“If you actually have a mortar in the driveway or a backyard, well that’s what we call a ‘clue’ in police work,” Burdess said. “Again, a lot of different factors. It’s not a mandatory arrest or a mandatory citation in every case. There is discretion in every case, and every one of these is a little bit different.”
In Newton, residents within city limits may discharge fireworks from 8 to 11 p.m. July 4.
Contact Christopher Braunschweig at 641-792-3121 ext 6560 or cbraunschweig@newtondailynews.com