The use of fireworks, both legal and illegal, goes beyond celebrations during Independence Day. The fireworks are dangerous and have led to injuries and fires.
Oregon law prohibits the possession, use or sale of any firework that flies into the air, explodes, or travels more than 12 feet horizontally on the ground without a permit issued by the Oregon State Fire Marshal (OSFM). Fireworks commonly called bottle rockets, Roman candles, and firecrackers are illegal in Oregon without a permit.
Law enforcement agents may seize illegal fireworks and charge offenders with a class B misdemeanor, which could result in a fine of up to $2,500, according to the OSFM. Those who misuse fireworks or allow fireworks to cause damage are liable and may be required to pay fire suppression costs or other damages. Parents are also liable for fireworks damage caused by their children.
The use of illegal fireworks constitutes criminal activity, and insurance policies may not cover violators if they are engaged in a criminal act that results in damage.
Under Oregon law, the use of any fireworks, legal or illegal, is prohibited on Oregon beaches, and officials can seize illegal fireworks.
The illegal fireworks are not available for purchase in Oregon and are brought in from out-of-state, according to law enforcement officials, who encourage Oregonians seeking fireworks to purchase them at licensed firework stands.
The danger
Between 2006 and 2021, injuries with fireworks climbed 25 percent in the U.S., according to U.S. Consumer Product Safety Commission estimates. Last year, at least nine people died, and an estimated 11,500 were injured in incidents involving fireworks.
Of the nine U.S. deaths, six were associated with firework misuse, one death was associated with a mortar launch malfunction, and two incidents were associated with unknown circumstances.
There were an estimated 11,500 emergency room-treated injuries involving fireworks in 2021 — down from the spike (15,600) experienced in 2020, during the first year of the COVID-19 pandemic, when many public displays were canceled.
In 2021, there were an estimated 1,500 emergency department-treated injuries associated with firecrackers and 1,100 involving sparklers.
Young adults 20 to 24 years of age had the highest estimated rate of emergency department-treated, fireworks-related injuries in 2021.
The Lincoln County Leader reached out to Lincoln City Police Department Sgt. Erik Anderson for insight into the fireworks issues in Lincoln City.
Lincoln County Leader: Typically, Lincoln City sees a surge of illegal fireworks up to and during Independence Day, and even beyond the holiday. What is the Lincoln City Police Department doing now and through the July 4 holiday to confiscate the illegal fireworks.
Erik Anderson: During the upcoming Independence Day event, we will be playing a large role to protect the peace so our citizens can lawfully enjoy the celebration. We have been planning for several months alongside our partners at North Lincoln Fire, other city departments, law enforcement agencies across the county, and volunteer organizations such as CERT, to provide the safest environment we can for the event. We will be out in force across the city with every member, including our detectives, support staff, and reserve officers on duty.
Other departments of the city government are working in partnership with businesses and VRD (vacation rental dwelling) owners to inform the public about our local fireworks ordinances. The use of illegal fireworks generally picks up before and shortly after that holiday due to availability. Leading up to the holiday, we will be increasing our beach patrols and responding to fireworks calls as they come in.
The Lincoln City Police Department will be on the lookout when conducting checks along the beach or responding to calls for service for illegal fireworks. We will be seizing illegal fireworks when we lawfully can do so and writing citations or making arrests as appropriate.
Lincoln County Leader: Estimate how many and describe the types of illegal fireworks that have been confiscated by LCPD over the year?
Anderson: Last year we seized 185 pounds of illegal fireworks, up from 2022 when we seized 140 pounds. These consist mostly of large aerial “mortars,” but also include Roman candles, bottle rockets, and other illegal explosives. The best indicator for people that specific fireworks are illegal is a warning on commercially produced fireworks that states “shoots flaming balls,” or the fact that they had to buy them in a state other than Oregon to find them.
Lincoln County Leader: What happens to the illegal fireworks LCPD confiscates?
Anderson: The Oregon State Police Bomb Squad collects all of the seized fireworks the weekend after the event, and takes them for disposal in one central location for the state.
In addition to our emphasis on fireworks, Independence Day sees a fair surge in alcohol-impaired drivers. We will have officers assigned specifically to traffic enforcement on the lookout for those drivers. We encourage the members of our community to make smart decisions and look out for their loved ones.
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