“In recent years Nampa has seen an increase in communication from concerned citizens regarding the use of illegal aerial fireworks within our city.”

NAMPA, Idaho — Following years of issues with law enforcement unable to enforce Idaho law regarding the sale of aerial fireworks, the city of Nampa is suggesting the Idaho Legislature amend state code to clarify the law’s language, according to the Idaho Press.

Nampa City Council unanimously authorized a letter sent to Idaho legislators supporting an amendment to Idaho’s Fireworks Act of 1997, which establishes that the sale of aerial fireworks is illegal, according to Idaho Attorney General Lawrence Wasden. The letter will be signed by each council member and Nampa Mayor Debbie Kling.

Nampa officials drafted the letter in response to an increase in concerns from residents about illegal fireworks being set off within city limits.

“In recent years Nampa has seen an increase in communication from concerned citizens regarding the use of illegal aerial fireworks within our city,” the letter read.

From July 4 to July 5 in 2019, assistant to the mayor Kristen Pudlow said the Nampa Police Department received 109 calls requesting police service because of fireworks. Last year around July 4, Nampa Fire Chief Kirk Carpenter said the Nampa Fire Department responded to 12 fires that were likely set by fireworks.

The sale of aerial fireworks in Idaho has been a topic of debate for years. In 2017, the Attorney General released an opinion stating that as the law is currently written, the sale of aerial fireworks is illegal. Some fireworks vendors still sell aerial fireworks and allow Idahoans to sign a waiver stating they will not light off aerial fireworks in Idaho.

While the law states aerial fireworks are illegal, enforcement is entirely within the purview of sheriffs’ offices, police departments and prosecutors around the state. Carpenter said the state law is not clear enough to allow most local law enforcement to enforce the law.

“There’s not really a leg to stand on as far as clarity,” Pudlow said.

Nampa’s letter suggests adding a clear definition of “aerial fireworks” and a section to clarify that the sale of aerial fireworks is illegal without a permit in the state code.

The requested addition reads, “Sell or use any aerial firework as defined within section 39-2602, Idaho Code, unless purchaser and user have a valid permit required for public display or other event using fireworks as defined within section 39-2605.”

Councilman Darl Bruner asked Nampa Police Chief Joe Huff how the Nampa Police Department would enforce the law if the changes were adopted. Huff said it would still be low on the department’s priority list. Right now, the police do not respond to fireworks calls five days before or after major holidays such as the Fourth of July or New Year’s Eve, because Huff said the department gets too many calls in that time to respond to all of them.

Carpenter said police and fire departments also have a lot of other emergencies they typically have to respond to during the holidays. He said police and fire have tried patrolling suburban areas to try and catch illegal firework users in the act, but it’s not a practical way to enforce the law.

“If we don’t see them, then we don’t know who did it,” Carpenter said.

Kling said the changes would make it less convenient for illegal fireworks to be sold. Carpenter said if fewer people were able to sell illegal fireworks, that would lower the number of incidents of the fireworks being set off.

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