HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE CONCURRENT RESOLUTION NO. 41

ENCOURAGING THAT FIREWORKS SHOULD BE USED SAFELY, LAWFULLY, AND WITH MINDFULNESS OF THE IMPACT ON NEIGHBORS.

WHEREAS, fireworks are one of many proud traditions in America, including when used in observance of Independence Day; and

WHEREAS, Chapter 69 of Title 16 of the Delaware Code (“Chapter 69”) permits the use of certain hand-held and ground-based sparklers on July 4, the third day of Diwali, December 31, and January 1 of each year, and permits the sale of these items during a 30-day period prior to and including each of these dates; and

WHEREAS, use of fireworks is lawful for certain agricultural purposes or with a permit from the Office of the State Fire Marshall; and

WHEREAS, Chapter 69 of the Delaware Code does not specify that the use of fireworks or similar items can occur in contravention of any noise ordinances under applicable laws; and

WHEREAS, the use of fireworks, particularly when not lawful, can present a risk or threat to the health and property of Delawareans; and

WHEREAS, Delawareans have experienced significant disturbance from the unlawful use of fireworks in their communities, especially Delawareans with post-traumatic stress disorder, including veterans; young children, and animals, including service animals; and

WHEREAS, it is important to comply with all applicable laws when using fireworks or similar items, even at joyous times such as the holidays celebrated on July 4, the third day of Diwali, December 31, and January 1.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 151st General Assembly of the State of Delaware, the Senate concurring therein, that Delawareans are encouraged to comply with all applicable laws when utilizing fireworks or similar items.

BE IT FURTHER RESOLVED that Delawareans are encouraged to be mindful of ways in which the use of fireworks or similar items, whether lawful or unlawful, might have negative impacts on neighbors.

BE IT FURTHER RESOLVED that officials at all levels of government are encouraged to promote awareness of lawful uses of fireworks or similar items, especially preceding July 4, the third day of Diwali, December 31, and January 1 of each year.

SYNOPSIS

This resolution encourages compliance with Delaware laws relating to fireworks or similar items and mindfulness regarding the potential negative impacts on neighbors from the use of fireworks or similar items, including Delawareans with post-traumatic stress disorder, children, and service animals.