Boom goes the vote: McCoy breaks Hannibal City Council tie to allow fireworks on the Fourth

HANNIBAL, Mo. — Hannibal Mayor Darrell McCoy let out a nervous laugh at the Hannibal City Council meeting Tuesday night as the final vote on an ordinance to allow Fourth of July fireworks within city limits resulted in a tie — forcing him to break it.

“Our backs are against the wall regardless of what we choose to do,” he said.

After getting confirmation from the council that they’d be willing to reconsider the decision if the ordinance garnered a “major disaster,” McCoy broke the tie in favor of allowing it to pass.

When asked after the meeting what options citizens would have in the event that the council’s decision to pass the ordinance resulted in fire-related property destruction, City Attorney James Lemon said they’d be “out of luck” because it would be difficult to prove who was at fault.

“Is it possible that somebody could sue the city? Yes. Is it likely that they will see a recovery? Probably not,” he said.

The ordinance currently listed in the city’s municipal code prohibits the sale and discharge of fireworks within city limits with a handful of exceptions, such as for military activities or for the use of flares for signaling purposes. Koehn proposed adding an exception that would allow fireworks to be discharged on private property within city limits between the hours of 8 a.m. and 10 p.m. on July 3, 4 and 5.

Following concerns of fire hazards raised by Hannibal Fire Chief Ryan Neisen, council members amended the proposed ordinance to add that the person discharging the fireworks must be at least 18 years old while following the package instructions and having a sufficient fire extinguisher on hand.

Robert Koehn of the 3rd Ward, who proposed the ordinance three times in the last year before it was put to a vote, said most of the people he spoke with about the ordinance were supportive of it. 

Euhlan Leeders of the 4th Ward and Michael Fleetwood of the 5th Ward joined Koehn in favor of its approval. Scott Haycraft of the 1st Ward, April Azotea of the 2nd Ward and Nathan Munger of the 6th Ward opposed.

At the council’s May 20 meeting, Munger recalled seeing the Schwartz Funeral Home burn down after a firework landed on the Victorian-style home’s wooden-shingled roof.

“I still have a little bit of trauma that’s in me from that,” he said at the May meeting.

Haycraft and Azotea stated Tuesday night that the overwhelming majority of their constituents were opposed to the ordinance. Both shared concerns of fire hazards, with Azotea adding that pets and veterans with post-traumatic stress disorder (PTSD) could also be negatively impacted.

“Potentially triggering PTSD in a veteran isn’t worth the short time of celebrating with fireworks,” she said. “Having the short term enjoyment versus potentially burning somebody’s house down, an animal running off, an accident where somebody gets seriously hurt, if not killed, in any situation — to me, it’s just not worth the risk.”

Fleetwood admitted to feeling conflicted on the matter, sharing that the feedback he received was 50-50. He ultimately voted in favor, on the grounds that citizens should be given a chance.

“It’s hard for me to predict failure of people. I’d rather give them an opportunity to do it and then come back and say, ‘How did it go?’” he said. “I’m not for (fireworks), but I don’t know that you can tell everybody they can’t do it just because of my personal feelings.”

Long before the vote on the fireworks ordinance, the meeting opened with Koehn speaking as a citizen during the public comment portion of the meeting to express his gratitude to the Hannibal Police and Fire Departments for their efforts during an American Legion event last weekend.

Koehn said American Legion members and their families biked 450 miles throughout Missouri to collect donations for the organization, raising a total of $50,000 in just three days. Though the convoy was early in arriving to Hannibal, the police department quickly blocked intersections and directed traffic to ensure their safety as they rode “straight through.”

“As we rode into Hannibal, I was so proud of this town… One of the best feelings I ever had, as we turned the corner and pulled into the American Legion parking lot, Chief Neisen had his people out there with their truck and their huge flag,” Koehn, an Air Force veteran, said. “I had a big lump in my throat.”

From behind the podium, the lump in his throat seemed to have temporarily returned as he repeatedly thanked Police Chief Jacob Nacke and Neisen, stating that their departments were “the best in the state, if not the nation.”

In other business, the council approved a request from Travis Wilson to add a balcony onto his property in the downtown area at 303 Main Street after nearly half an hour of discussion. Approval for the balcony itself is granted by other entities that Wilson will be working with throughout the design and construction process to ensure compliance, but the council’s approval was needed to allow two supportive posts to be placed on the sidewalk.

Bob Yapp of Preservation Resources, Inc., a historical preservation consulting firm, accompanied Wilson at the podium to assure the council that the balcony would maintain the historical integrity of the neighborhood and would not impede on pedestrian right of way.

The council also voted to approve a revised ordinance pertaining to the closure of non-licensed businesses to provide further clarification to business owners on the appeal process.

The amended ordinance, drafted Lemon, adds three additional subsections that specify requirements of petitions for appeal and where they should be filed, that a written notice must be provided to the city and that the business must stay closed until a final determination is made.

Lastly, the council heard the first reading of an ordinance revision proposed by Interim City Manager Andy Dorian regarding membership on the Hannibal Commission and Visitor’s Bureau. The current ordinance states that no members can serve more than two terms consecutively, while the revised ordinance would add further clarification that no members can serve more than two full terms consecutively in the event someone is appointed to fill someone else’s term.

Additionally, the council:

• Approved McCoy’s appointment of Justina Smith to the Hannibal Housing Authority, for a term to expire April 2029
• Approved Dorian’s reappointment of Quintin Heaton, Beth Knight and Tom Batenhorst to the Hannibal Parks & Recreation Board, all for terms to expire July 2028
• Approved Dorian’s appointment of Michelle Huseman to the Hannibal Development District Commission, for a term to expire May 2030
• Approved Dorian’s appointment of Lucas Peters to the Board of Public Works, for a term to expire July 2029
• Heard Dorian’s recommendation of Hunter Haynes to the Hannibal Development District Commission, for a term to expire May 2028
• Approved a request from former Mayor John Hark  on behalf of the Hannibal Bar-B-Que Festival for street closures and a nose level exemption for outdoor performances from 5 p.m. to 10:45 p.m. on Friday, July 18 and Saturday, July 19
• and voted to approve the latest edition of historical design guidelines for the H-1 district as crafted by the Historic District Development Commission; a full copy of the new guidelines can be found in the June 17 agenda packet.

A copy of the entire agenda packet for the council’s July 1 meeting can be found on the city’s website. The next meeting will take place at 7 p.m. in Hannibal City Hall Council Chambers on July 15.