5 Alabama cities that prohibit most fireworks; will Mobile be the next?

5 Alabama cities that prohibit most fireworks; will Mobile be the next?

Mobile prohibits fireworks from being shot within the city limits during Mardi Gras Day, according to the city’s code.

But the city’s ordinances do not specify the ban at other times of the year. In other words, fireworks can be discharged in Mobile’s neighborhoods during the Fourth of July if the Mobile City Council does not do something soon.

They could act today and push forward an ordinance banning them.

Mobile is currently in the minority of cities in Alabama that have already enacted ordinances restricting their use and sale. In general, lighting fireworks is illegal in Alabama’s incorporated towns and cities but legal in many unincorporated areas unless a specific ordinance is in place to prevent them. Some areas have laws in place to limit the times fireworks can be lit or noise ordinances that apply.

The council is scheduled to vote on the matter when it meets at 10:30 a.m. at Government Plaza. The proceedings and be viewed live on the council’s YouTube page.

Alabama is like a majority of states in that it has allowances for fireworks, and does not outright prohibit them. Cherry Bombs, Silver Salutes, and M-80s have been banned by federal law since 1966 because of the large amounts of explosive composition they contain.

A few states have strict prohibitions against fireworks. Illinois, Vermont and the District of Columbia allow for only the purchase of sparklers and novelty-type fireworks, outlawing all the main types of fireworks. Massachusetts is the only state that prohibits all fireworks, including sparklers.

In Alabama, cities regulate what is allowed and now allowed when it comes to discharging fireworks that are not part of a special fireworks show.

In 2021, the Alabama Legislature adopted a new law that allows novelty fireworks like sparklers, smoke bombs, party poppers, and black or colored snakes to be sold within a city’s limit. But Lori Lein, general counsel with the Alabama League of Municipalities, said municipalities are free to further regulate or prohibit the sale and use of all types of fireworks, including novelties.

Here are what Alabama’s largest cities do with regulating fireworks:

Birmingham

A Independence Day tradition, the Thunder on the Mountain fireworks show at Vulcan Park on Red Mountain in Birmingham. (Joe Songer | [email protected]). al.comal.com

Discharging or selling fireworks within city limits is prohibited. Fireworks are allowed to be exploded in public parks and other open spaces within the city under a permit issued by the fire marshal.

“Most of the vendors that sell fireworks, in fact all vendors, are positioned outside the city limits,” said Beneva Nelson, inspector with the Birmingham Fire Department.

Montgomery

It is illegal for anyone to possess, store, offer for sale, sell at retail, or use or explode any fireworks. Permitted fireworks shows are only allowed after proof is shown to a fire official that the display is conducted by a competent operator who had been approved by the fire official and that the display is not hazardous to property or endangers anyone.

Huntsville

It is illegal for anyone to possess, store, sell, handle or use consumer fireworks, except for a permitted fireworks display. Novelties like sparkers are allowed within city limits but the city’s fire chief can limit their use at his/her sole discretion if, among other things, a drought or other weather-related conditions exist.

Huntsville isn’t the only city in the Tennessee Valley outlawing fireworks. Firecrackers, bottle rockets, exploding mortar shells are still illegal in Athens, Huntsville, Madison and Decatur. But they are still legal in rural areas near those cities, many of which are now home to new subdivisions.

Tuscaloosa

The possession, manufacture, storage, sale, handling and use of fireworks is prohibited. The city, early last year, contemplated a ban of novelties as well.

Auburn

It is illegal for anyone within the city limits or police jurisdiction of Auburn, to sell, give away, or discharge any firecrackers, skyrockets, Roman candles, or fireworks of any kind. Anyone who conducts a fireworks show first needs to apply to do so through the city manager’s office and receive permission from the city council.