Somehow, I don’t feel very independent.
Tomorrow is arguably the most important holiday we celebrate as a nation. And somehow, I don’t feel very celebratory. Check out the local city ordinance in one of South Dakota’s wettest cities; Brookings:
Sec. 34-121. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Fireworks means any combustible or explosive composition, or any substance or combination of substances, or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, model rockets, Roman candles, dago bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablets or other devices containing any explosive substances, except that the term “fireworks” shall not include auto flares, paper caps containing not in excess of an average of 0.25 of a grain of explosive content per cap manufactured in accordance with the state department of transportation regulations for packing and shipping as provided therein, and toy pistols, toy canes, toy guns or other devices foruse of such caps, the sale and use of which shall comply with the applicable provisions of the Uniform Fire Code.(Code 1996, § 14-71)
Sec. 34-123. Manufacture, sale and discharge.
(b) Use or sale prohibited; exception. It shall be unlawful for any person to use or explode any fireworks in the city or to offer for sale, expose for sale or sell at retail any fireworks in the city, except as provided in subsections (c)–(e) of this section.
(Code 1996, § 14-72)
Fireworks are banned in this town. Even sparklers. Brookings has a ridiculously high water table, and it just rained here on and off during the day, so it’s not like we’re facing a fire danger. But there has been this utter ban on fireworks in place for over a decade now. And I can’t think of a logical reason why.
I might have to ask a few of my city officials about this one. Because it is not only silly, it goes over the border for being ridiculous. When I think of the 4th of July, I don’t think oppressive nanny state. I think “picnic.” I don’t think restriction, I think freedom. I don’t think of city ordinance being a big wet blanket – I think of the words of Francis Scott Key:
And the rockets’ red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there;
Except in Brookings.
Tomorrow evening in Brookings, there will be a city sanctioned fireworks display at the Swiftel Center. And my kids will probably go watch it. Because that’s it. Most kids in every other town in the state get sparklers. But not Brookings. We get the government sanctioned event.
And I can’t enjoy it. Why?
Because in effect the city’s ordinances say “you must go here to enjoy fireworks at this time and in this manner because we say so.”
Heck of a way to celebrate independence day, isn’t it?
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Comments
I think the above poster has PP party mixed up with the other party who wants to control everything with the big mama and daddy rod!
Brookings sound like it’s a bastion of Dems…PP get these guys under control!
Have a great and safe 4th everyone and remember why, no matter what your political stripe, we all care about the good old USA and our own South Dakota.
PP –
Trust it – you don’t want the college kids – even the ones that are in town for the summer – being given the “freedom” to shoot off fireworks.
I’d wager something that it’s the potential abuse from the college kids that makes it difficult to shoot off the boomers.
Back in 2003 when I was fresh in from west river the Brookings PD stopped by my house on 6th street. They wanted to let us know the fireworks we were firing in our front yard were not acceptable. Thankfully we got off with a verbal warning and they took the rest of our fireworks. West river where it is always dry and has a high fire hazard still lets you shoot off fireworks within reason.
Nonnie Mouse, that sounds like the same logic used by Gun control advocates. Punish the majority because they can’t control the criminals.
Darn me. I thought we lived in the land of the free.
PP –
It might be a practical matter, too, don’t you think. How many fires is the Brookings FD designed to put out at one time?
There are some real slumlords in Brookings that don’t keep up on their properties – they are just tinderboxes. In a matter of 18 months, I had two groups of friends that had their houses burn to the ground. One had to be choppered to Sioux Falls to treat the severe burns on his body.
I think I have seen you agree with public bans in common dangers before – but I don’t want to trigger Newland spam.
But, I think your approach is the right one – find out exactly why they put the restriction in place.
While you’re at it, find out why they allow police officers to pull people over for having things dangle from their rearview mirror. I always thought it was their perpetual invitation to pull over any college student for whatever reason they wanted (I was pulled over more than once for having my campus parking pass hanging from the rearview mirror). There’s another good nanny state cause to take up.
Nonnie Mouse, believe it or not, the dangling thing is a state law (and yes, I’d concur it’s a bit silly).
There have been efforts to repeal it, but I don’t know that they met with success.
Well, it’s actually a law that enables police to pull over Indians at any time, Nonnie Mouse, but you’re on the right track.
So you get to post off topic comments PP (see 7) but you delete responses to those comments? Great dialoge you’re allowing here.
I know, I know, it’s your blog. Nyeah. Etc.
#5, I shot fireworks when I was in college. I’ve shot fireworks since I was 3 or 4 years old. (Started out under parental supervision.) Never had an incident. NEVER.
If I’d have known this ordinance was in effect, I’d have rounded up a few dozen friends and we’d have bought a few thousand dollars worth of fireworks and come to Brookings and lit up the skies. How about a little Brookings Tea/Fireworks Party!?!? Next year….
It should surprise nobody that the people’s republic of Brookings bans fireworks. This Republican stronghold also has a municipal phone company and a municipal liquor store. Private enterprise not allowed.
Brookings bans kegs purchased anywhere other than the city-owned liquor store. They require registration of kegs so that police will know the location where the keg will be consumed – a fine for kegs not at the proper address. Only one keg at a time is allowed at any location, and the empty must be returned before another can be purchased – guaranteeing 30 minutes downtime between kegs.
Brookings also fines people for having furniture in the yard – so college kids can’t be college kids.
Brookings will allow fireworks as soon as the city buys a fireworks stand and bans fireworks bought anywhere else. They’re probably reading this comment and already planning a municipal fireworks stand for next year.
So take your own message and practice what you preach. Run for city commission or start a petition drive to amend the ordinance or rescind it all together.
Actually the dangling object law was changed to make it a secondary offense in 2004. So they can’t pull you over for it alone. SDCL 32-15-6
So… just buy and discharge your fireworks outside the city limits. There are plenty of gravel roads in South Dakota.
Yup, the People’s Republic of Brookings strikes again. But it ain’t socialism if the Republicans run it, which, of course, has been the case in Brookings for years.
One of my favorite 4th of July memories was watching my grandfather knocking on the neighbors door to let them know the the rocket he just shot off was on their roof still burning. Maybe that is why there is a ban.
PP, lest you unfairly bemoan Brookings as the only “nanny-state” who would be so “ridiculous” as to ban fireworks, I checked out other SD cities’ ordinances on fireworks. I seemed to remember that nearly every community I’m familiar with has an ordinance banning fireworks, and it would seem that recollection is accurate. I looked online at the ordinances for Madison, Mitchell, Sioux Falls and Watertown (looked for Aberdeen and Yankton, too, but their sites were less cooperative … I’m also not tech savvy enough to include links in this post … sorry!). I learned in under ten minutes of searching that they all have ordinances roughly similar to those in Brookings (though SF is a bit more lenient), so your local ordinance really isn’t that outside the realm of normal.
I expect all those cities also had lovely displays like the one put on at Swiftel. Hopefully, the audiences were full of people gathering to enjoy a celebration with their neighbors rather than fretting about their inability to legally blow things up in their own yard.
Some of them probably even went to enjoy their private fireworks displays afterwards somewhere outside city limits, as David suggests.













You guys brought it on yourselves, PP. You don’t get to vote on the way things are, because you already did. If you’ll quit trying to run everyone elses lives, maybe they will quit trying to run yours. Que viva la revolucion, vato loco.