Fireworks Display Raises Questions

BROOKSVILLE - A small Fourth of July fireworks display at a Ridge Manor church has ignited a larger debate as to how much authority a county commissioner has to his constituency.

When James Nico, a member of St. Anne's Roman Catholic Church Knights of Columbus, was denied a permit to hold a fireworks display at his church, he contacted his district representative, Commission Chairman Chris Kingsley.

Kingsley, after reading an e-mail from his constituent, decided what Nico had planned didn't require a permit.

"I told him I would go ahead and do it," Kingsley said.

The 20-minute advertised event, held at dusk, consisted of sparklers and bottle rockets. About 15 to 20 people showed up, participated in a barbecue and went home.

But the real fireworks may be just beginning.

After hearing the display went on despite the building department's permit denial, Donna Singer, the county's site plan review coordinator, said she will turn the matter over to her supervisors to determine whether the county ordinance was violated and what, if any, penalties should be issued.

Singer said her department denied the permit because the Knights of Columbus failed to submit a fireworks application in the 45-day time frame necessary to get it reviewed through the proper channels, which would include the county commission.

Organizers at the church, located at 4142 Treiman Blvd., didn't sign an insurance form absolving the county of liability in case someone got hurt. They also didn't pay the $200 application fee.

If someone had gotten hurt at the event from a sparkler or other firework, "that could be a problem," Singer said.

Singer said the magnitude of the display is immaterial. Even if Nico and his crew had all sparklers, it still opened up questions of crowd control and safety, she said.

Kingsley believes the use of sparklers doesn't warrant a permit. Using fireworks is a show of patriotism, he said.

Kingsley said he also had confidence in Nico's ability to handle the situation because he is a 20-year veteran of the U.S. Air Force.

The fireworks display was advertised in the St. Anne's church bulletin. It was also advertised in the Ridge Manor Community News.

In both instances, the event is labeled as a parish barbecue with fireworks at dusk.

Sgt. Donna Black, spokeswoman for the sheriff's office, said her office had no special details assigned at St. Anne's Church that night.

"Had we known it was going on or were told about it, we could have responded and taken action," she said.

An unauthorized fireworks event is a noncriminal infraction, punishable on a first offense by a $50 fine, Black said.

Commissioner David Russell believes Kingsley made the right call.

He said Nico was being conscientious in initially contacting the building department.

Although he was denied, he doesn't believe Kingsley was wrong in advising his constituent as he did.

If he had not contacted the county, he could have gone ahead with a fireworks display anyway, as thousands of county residents did that day, Russell said.

"I don't believe, in that case, it should have been necessary for them to obtain a permit because it was private fireworks activity on private property," Russell said. "It certainly doesn't amount to a professional pyrotechnic display.

"I'm not suggesting this is an excuse to circumvent the permitting process," he said. "I just don't think that the process was necessary in this case."

County Commissioner Diane Rowden said Nico's case is a "tough call."

Nico is well-known in the community for helping veterans and doing positive things and she is sure that Kingsley was trying to do a good deed. But in this case, she would not have gone against county ordinance because she does not have that authority.

"It's one of these things where no good deed goes unpunished," she said.

Now, Kingsley will catch the heat, Rowden said.