On Tuesday, Nov. 12, the San Juan County Auditor’s office formally notified petitioner Don Burkhart and the San Juan County Council that petition gatherers had collected more than the required 1,522 valid signatures to force a referendum on the county’s fireworks ban.

In the certification notice, County Auditor Milene Henley wrote, “Unless other action is taken by the Council prior to that time, Referendum 2008-2 will appear on the November, 2009, general election ballot.”

The county’s fireworks ordinance (designated “28-2008”), which effectively outlaws the sale or use of fireworks in the county without a permit, was adopted unanimously on June 3, 2008.

The ordinance had been brought forward by Fire and Law Enforcement officials who cited public safety problems and the danger of property damage from fire caused by the personal use of fireworks.

Opponents called the ban unnecessary and cited the long-standing tradition of celebrating Independence Day with fireworks.

Existing restrictions already limited the unlicensed use of fireworks in San Juan County to non-flying, non-explosive items and permitted those to be used only between 9 a.m. and midnight on one day per year – July 4.

The County Council has the option of revising or revoking the fireworks ordinance on its own or awaiting the outcome of the election.

In the meantime, the ordinance is not enforceable and the previous restrictions are once again in effect. Regardless of the outcome of the process no new fireworks ban could take effect until after July 4, 2009.

If the Council does not take action, the question that will appear on the November 2009 ballot will read: “The San Juan County Council adopted Ordinance 28-2008 concerning fireworks.

The ordinance prohibits the possession, sale, transfer, and discharge of fireworks without a permit and provides for penalties for violations. Shall ordinance 28-2008 be approved or rejected?”