IN THE BREEZE / THE EDITOR'S VIEWPOINT

New fireworks ordinance is a lesson in democracy at work

 By IRENE NOLAN

Lawmakers do listen.

The people do have power.  And you, as a citizen, can affect public policy.

Just consider the new Dare County ordinance that will ban all fireworks on Hatteras Island, beginning June 1.

The new ordinance was passed unanimously by the Dare County Board of Commissioners at its March 19 meeting.  The passage came after a relatively short period of consideration — just a month and a half.

The commissioners were influenced by some 300 e-mails that they received, mostly from Hatteras islanders who strongly support the ban.

There was little or no constituency opposing the ban, which made enacting the new ordinance easier politically for the commissioners.

But still the fact is that they listened to the people of Hatteras Island.

Islanders were galvanized by a blaze started by bottle rockets on the night of Jan. 27 at the home of Dave and Brenda Conley on King’s Point Drive in Brigand’s Bay.  It was a spectacular fire, fanned by southwest winds gusting over 30 mph.  The fire destroyed their yard, but it could have been much worse.  The home and the Conley’s lives were spared.

Most residents were already fed up with the burgeoning use of illegal fireworks on the island.  The pyrotechnics are not only a nuisance but also a serious fire danger on an island of mostly wood-frame homes often located close together.

Fireworks are illegal in North Carolina and on Cape Hatteras National Seashore beaches.

State law prohibits any pyrotechnics that propel or explode.  Think of this as any fireworks that leave the ground and go "boom."  This includes bottle rockets, Roman candles, firecrackers, and cherry bombs.  Other fireworks, such as sparklers and smoke bombs, are legal, according to state law.

On the seashore beaches, federal law prohibits the use of all fireworks, including sparklers and smoke bombs and the like.

There have always been a few people who break the rules — tourists, mainly — but in recent years the illegal fireworks have been out of control, especially in the summer months and especially around July 4.

Residents have grown more and more concerned about the dangers and the inconveniences.  Hatteras Island volunteer fire departments also are concerned and frustrated.  Sheriff’s deputies cannot keep up with the violations of the fireworks law.  National Park Service officials don’t have enough rangers to patrol the 70-plus miles of beaches that are popular places for illegal fireworks displays, even though the danger of setting dune grasses on fire is very real.  Rental management companies are increasingly concerned about protecting the property of their homeowners.

"We’ve got to end this problem," Allen Burrus, Hatteras Island’s representative on the county Board of Commissioners, said in February after the Conley fire.  "It’s gone too far for too long.  It’s a real mess."

After the Conley’s fire, residents focused on the mixed message that tourists receive when they arrive on Hatteras.  Stores advertise fireworks — packages of those that are legal, mostly sparklers and smoke bombs and the like.  However, many islanders think that the advertisement of any fireworks gives visitors the impression that all pyrotechnics are allowed.

The issue gets more confusing for visitors when you consider that sparklers and such are legal in the villages and illegal on the National Park Service beaches.

So by the first of February, Hatteras islanders focused on a solution that has worked well on Ocracoke — a ban on all fireworks.

Ocracoke enacted its ban on all fireworks in 2002 after a brush fire started by pyrotechnics came close to burning the entire village.  By eliminating any confusion about what’s legal, strict enforcement, and aggressive education of visitors, Ocracoke fire and law enforcement officials say the problem of illegal fireworks has been largely eliminated.

So after the Conley fire, Hatteras islanders, fed up with the illegal pyrotechnics, began bombarding the commissioners with e-mails and phone calls that supported the ban on all fireworks. 

Hatteras Island Commissioner Allen Burrus led the effort with the board in February when the support among his colleagues was lukewarm.  Some commissioners noted that certain fireworks were already illegal by state law and that more visitor education was the solution.

After that meeting, islanders intensified their campaign for the ban.  By the March 19 meeting, there was no opposition to passing the ordinance.

Education and enforcement will still be important in eliminating the public safety danger from fireworks.

Ocracoke is a small, compact village, making enforcement easier.  It is more difficult in the villages of Hatteras, spread out along the island.

However, Dare County Sheriff Rodney Midgett says that folks who see violations should call 911 and pinpoint the location as closely as they can.  He cautions that deputies may not be able to respond quickly to every call, but it is important to the department to identify areas where there are frequent violations so that the law enforcement officers can patrol those areas more frequently.

Midgett said at a meeting in February that he wasn’t sure the community wanted "100 percent enforcement" of the pyrotechnics law, but surely by now he has gotten the message that islanders do want the law upheld.  Though it will be a challenge, surely the department can be more assertive.

Rental management companies already make an admirable effort to get the word out to visitors.  But there must be further education efforts.

In the Brigand’s Bay subdivision in Frisco, for instance, the homeowners’ association plans to distribute refrigerator magnets about the fireworks ban that can be placed in rental cottages.  The association also plans to hire off-duty officers during the summer to patrol the subdivision at night.

Dare County is looking into signs that can be placed on Highway 12 at the northern and southern entrances to Hatteras Island and in each of the villages that will let visitors know that no fireworks of any sort are allowed on the island.

The stores that sold fireworks will lose some income.  One of them is Island Convenience in Rodanthe.  Manager and owner Martha Caldwell says she made a good deal of money selling the fireworks that were formerly legal.

"I’m not really upset, but I’m not happy," she said.  "And it’s not just about the money."

Caldwell thinks there are too many restrictions being placed on islanders and villagers — restrictions on beach driving, dogs on the beach, and personal watercraft and the new requirement for a saltwater fishing license.  However, she says, she does understand the reasons for the fireworks ban.

So does Max Dutton, a Dare County commissioner who is also the manager of the Wal-Mart in Kitty Hawk.

Dutton says he got "e-mails and phone calls galore" about the fireworks issue, most from Hatteras but also some from northern Dare beach residents.

In response, he decided to vote for the ban and to cancel all his orders for the legal fireworks at the store, even though the ban doesn’t extend to his area.

"After hearing from so many people," he said, "I felt we needed to do anything we can to better the neighborhood, to be community friendly."

"However," he added, "now that we have gone forward (with the ordinance), it needs to be enforced."

Hatteras Island’s Burrus, vice-chairman of the commission, noted that once the effort "got rolling," he had e-mails from up and down the island and that the effort was broad-based.  It was supported by islanders and business folks who feel that visitors come to Hatteras for the beach and not to shoot off fireworks.

He agrees that there is a lesson in the quick and non-confrontational way that the fireworks ban sailed to approval.

"If the issue is right and people will push it, they can make a difference," he said.

Now Hatteras islanders have to get behind educating visitors and enforcing the ban.

So if you are a visitor, remember that no pyrotechnics of any kind are allowed on the island or its beaches.

And if you are a visitor or resident, be sure to call 911 to report any and all violations.

Still time to comment on bridge replacement

The North Carolina Department of Transportation had public workshops and hearings in Manteo and Rodanthe late last month on replacing the Bonner Bridge over Oregon Inlet.

However, if you didn’t make the meeting, you can still weigh in on the subject.

The plan to replace the aging bridge has become more complicated, expensive, and delayed as it has made its way through the state and federal bureaucracy. 

In February, DOT released an updated environmental assessment on the alternatives to replace the bridge.  It includes two new "phased approach" options that involve construction of a short, or parallel, bridge and varying degrees of relocating Highway 12 through Pea Island National Wildlife Refuge onto a series of short bridges, and beach nourishment.

Five alternatives for replacing the bridge had already been presented at public hearings in November, 2005. 

DOT says that all seven alternatives are still under consideration.

The Citizens Action Committee to Replace the Bonner Bridge is encouraging citizens and visitors to comment on the bridge replacement project.

"This is a critical issue that will greatly impact Dare County’s future," says Beth Midgett, chairman of the committee that has been appointed as an advisory group to the Dare County Board of Commissioners and is advocating for the immediate replacement of the Bonner Bridge that spans Oregon Inlet. 

"The bridge is a lifeline for those who live and work on Hatteras Island, and everyone who wants to continue to cross it needs to come out and let their voice be heard," she added.   

An inter-agency group will consider the public comments as it works to select a bridge replacement.  The selected alternative will be included in the Final Environmental Impact Statement scheduled for release in the spring of 2008.  A Record of Decision is scheduled for the fall of 2008 with construction using the design-build method scheduled to start in early 2009.  Construction of the replacement bridge is subject to the availability of funds.  Completion of a replacement bridge is expected in 2013.

Each alternative is located along one of two bridge corridors:

• The Pamlico Sound Bridge Corridor, or long-bridge alternative, which includes a 17-mile-long bridge west of the existing bridge from north of Oregon Inlet to Rodanthe.

• The Parallel Bridge Corridor with Highway12 maintenance, or short-bridge alternative, which includes a 2.7-mile bridge parallel to the existing bridge and several maintenance options for Highway 12 from south of Oregon Inlet to Rodanthe for the next 50 years.

Additional comments can be submitted by April 17 to Carl B. Goode Jr., P.E., Human Environment Unit Head, 1583 Mail Service Center, Raleigh, NC 27699-1583. Or you can e-mail him at cgoode@dot.state.nc.us.

A copy of the supplement and the 2005 Supplemental Draft Environmental Impact Statement are available for public review at these Hatteras Island locations:

• Rodanthe Post Office, 25969 Highway 12, Rodanthe.

• Dare County Planning and Inspections Satellite Office, 49815 Highway 12, Buxton.

• Dare County Library, Hatteras Community Center, Highway 12, Hatteras.

• The Fessenden Center, 46830 N.C. 12, Buxton.

All documents are also available online at: www.obtf.org.

The Citizens Actions Committee to Replace the Bonner Bridge has a Web site that is a resource for information:  www.replacethebridgenow.com

Whatever happened to the new sign ordinance?

In 2003, in an effort to clear the visual clutter on Highway 12 on Hatteras Island, the Dare County Board of Commissioners made changes to the ordinance that regulates business signs.

In effect, the new law put more teeth into a 1975 sign ordinance that had been seldom enforced and added some new regulations.

As a result, all businesses are allowed one sign on the property that must be permitted by the planning department and must conform to other requirements, such as size and lighting.  Off-premise, directional signs are illegal. Certain businesses not located on Highway 12 are allowed a sign on the highway. Also, the new ordinance outlawed "sandwich boards" and signs with flashing lights along the highway. 

In addition, the ordinance cracked down on real-estate signs not on the property and flags, ribbons, balloons, and banners along the highway to draw attention to businesses.

 However, the new ordinance has not been strictly enforced.

A prime example is the off-premises sign on Highway 12 in Frisco.  On one side, it directs visitors to Gary’s Restaurant in Hatteras village, and on the other side, to the South Shore Grill in Frisco.  Both of these establishments have been closed for years. 

Yet the deteriorating sign still stands.

A number of other issues have occupied the commissioners and county staff since the ordinance was passed in March, 2003 – not the least of which was Hurricane Isabel six months later, a storm that devastated Hatteras village and cut a new inlet between Hatteras and Frisco.

Yet, the laws are on the books and are still ignored by some business people.

Donna Creef of the Dare County Planning Department says that a new zoning officer has recently been appointed to the Hatteras Island staff.  He is Corky Whitehead, and Creef said he will be doing an inventory of the illegal signs this spring.

We will update you in a few months on whether or not any progress is made.