The Hayden City Council tonight is scheduled to discuss a potential ordinance banning the possession of illegal fireworks.

Nancy Stricklin, the city's attorney, said the city has been relying on state law, which addresses both the sale and use of fireworks but is silent on possession.

She said the Kootenai County Sheriff's Office, which provides enforcement in the city, approached city staff about adopting such an ordinance.

Kootenai County has an ordinance addressing possession, but it doesn't apply within the city, she said.

"If the council wants to go in that direction, then I'll draft an ordinance," Stricklin said.

City Councilwoman Jeri DeLange said the city council hasn't as a body been approached about fireworks possession. She didn't want to comment on a possible ordinance until the council has had a discussion.

Lt. Stu Miller, of the sheriff's office, said a possession ordinance would help law enforcement because sometimes it's difficult to catch people in the act of setting off illegal fireworks like bottle rockets. Catching them in possession is easier.

Idaho statutes cover the sale and use of what are called "nonaerial common fireworks," which includes those that stay on or near the ground and don't travel outside a 15-foot diameter circle. They also don't emit sparks or other burning material which land outside a 20-foot diameter circle or shoot higher than 20 feet into the air.

Nonaerial common fireworks don't include firecrackers, so-called "jumping jacks" or similar products.

Nonaerial common fireworks may be sold or used from midnight on June 23 until midnight on July 5. There also is a brief window near New Year's.

Any violations of the existing Idaho statutes on fireworks could lead to a misdemeanor charge.