Pima County can ban the use of consumer fireworks throughout the county after all, after a Superior Court Judge Thursday rejected a lawyer’s argument that the county overstepped its authority.
Attorney John Munger had argued that the county’s ban was geographically too large — saying the county needed to make specific findings to differentiate between the vast variations in terrain throughout the area. Instead, Munger said, the Board of Supervisors relied on the recommendation of County Administrator Chuck Huckelberry, who is not an expert in fire conditions.
The statute that allows the county to regulate fireworks in times of fire danger does not require the submission of expert testimony or scientific evidence, Deputy County Attorney Marc Natelsky noted.
The county did consult a number of fire districts, as well as the National Park Service and other offices in making the determination, Superior Court Judge Ted Borek found.
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Borek said it would be unworkable for the county to have to ferret out isolated areas that might be at less risk of fire.
He said any inconvenience to individual residents is trumped by the risk to public safety.
The county did, however, agree to clarify that the ban only prohibits the use of “permissible consumer fireworks” — not the sale of them.
It also agreed that it is not intending to regulate in any way the use of so-called novelty items, such as snakes, snappers or party poppers.
