Shooting off consumer-grade fireworks in Cleveland and nearly all of its suburbs will remain illegal this weekend, despite a new state law that would allow people to do so.

CLEVELAND, Ohio – Shooting off consumer-grade fireworks in Cleveland and nearly all of its suburbs will be illegal this weekend, despite a new state law that would allow people to do so.

Last fall, state lawmakers passed House Bill 172, which allows people to discharge, ignite or explode fireworks on private property on certain days of the year, including the Fourth of July. These include firecrackers, bottle rockets and Roman candles. Novelty items, such as sparklers, noisemakers and poppers, are still legal in Ohio.

The bill goes into effect Friday. But the law allows for cities to opt out of it. That means cities can ban their use. In most cases, those who are caught shooting them off face misdemeanors. Other cities, like Cleveland, have had ordinances on their books for years that forbid setting off fireworks.

“Most people don’t know whether their communities have opted out or not,” said Michael Cicconetti, a retired judge in Painesville Municipal Court. “That’s going to lead to problems. You make a law, but you allow cities to opt out. Why did you make the law in the first place?”

Cicconetti, who made his name by ordering the convicted to serve some of the state’s most creative sentences, said the cities that ban fireworks make it almost impossible for law enforcement to enforce violations.

“What are you going to do, put officers out there with cameras?” Cicconetti said. “The evidence in the case goes up in the air and explodes as soon as you light it. And everyone has them. In 27 years on the bench, I can count on my fingers the number of fireworks cases I had.”

He sees the issue up close. Cicconetti lives in Concord Township in Lake County, which forbids fireworks. His nearby neighbor is in Painesville Township, which is following state law and allows the use.

Cleveland.com and The Plain Dealer reached out to more than 35 cities in Cuyahoga County to ask whether they would follow the new law.

Olmsted Falls, Maple Heights and Fairview Park will allow residents to possess and use bottle rockets and firecrackers on private property. Brooklyn is allowing residents to use them on one day: July 4th.

“We decided to not opt out of the new law,” said Odis Rogers, the Police Chief for Olmsted Falls. “It is my understanding that many, if not most, of the cities around us chose to opt out.”

Pepper Pike refuses to follow the new law.

“For the comfort and safety of the people and animals of the city of Pepper Pike, the explosion of fireworks within the city continues to be unlawful, despite changes in the state law,” Police Chief Karl Dietz said.

Police Chief Joseph Mays said South Euclid City Council, like other city councils across the region, has drafted its own legislation this year that prohibits the discharging or igniting of firecrackers and bottle rockets.

“Just [like] many other inner-ring suburbs, South Euclid is densely populated and not conducive for consumer-grade fireworks,” Mays said.

“We have an obligation to protect our residents and visitors from irresponsible fireworks handling and discharge,” a statement from City Council said. “Maintaining the existing legislation surrounding fireworks still allows the police department to respond appropriately and enforce problem situations, as necessary.”

Cities that refuse to follow the new law:

If allowed, when can you set off fireworks?

The State Fire Marshal says Ohioans, in cities where fireworks are allowed, can discharge consumer-grade fireworks on the following days:

• July 3, 4 and 5, and the weekends immediately before and after from 4 p.m. to 11 p.m.

• Labor Day weekend from 4 p.m. to 11 p.m.

• Diwali, the Festival of Lights that is celebrated by Buddhists, Hindus and Sikhs, from 4 p.m. to 11 p.m.

• New Year’s Eve from 4 p.m. to 11:59 p.m.

• New Year’s Day from 12 a.m. to 1 a.m. and 4 p.m. to 11 p.m.

• Chinese New Year from 4 p.m. to 11 p.m.

• Cinco de Mayo from 4 p.m. to 11 p.m.

• Memorial Day weekend from 4 p.m. to 11 p.m.

• Juneteenth from 4 p.m. to 11 p.m.

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