Rosenberg changes ordinance that would've allowed neighbors to complain on each other over fireworks

ROSENBERG, Texas (KTRK) -- After ABC13 highlighted a new Rosenberg fireworks ordinance that allowed neighbors to complain on each other, some council members said they heard feedback and decided to make changes.

PREVIOUS REPORT: Rosenberg passes ordinance that allows neighbors to report on one another over fireworks

'I didn't know': Rosenberg makes changes after ABC13 highlighted a new ordinance

In mid-June, Rosenberg passed a new ordinance that targeted residents who used fireworks on private property. The ordinance includes a section that addresses third-party witnesses.

It said, "Whenever one or more private persons observe a violation of this article occurring on private property, they may request that an administrative citation be issued to a responsible party by any of the officers." You didn't have to show proof; the document states that a third party would sign an affidavit stating they witnessed a neighbor using fireworks on their property.

Then the ordinance stated that a violator could receive an administrative ticket of up to $500. After it passed, ABC13 reported on the ordinance.

This week, council called a special meeting to talk about it.

"I didn't know that this was allowing neighbors to complain about other neighbors and that just automatically qualifies them for a citation," council member Richard Olson said.

He went on to say that the council should remove the neighbor portion. "I think it was a mistake and everyone was pissed about it," Olson said.

The council voted six-to-one to remove the third-party witness portion of the ordinance. It doesn't mean Rosenberg residents can use fireworks on private property.

Chief Jonathan White said the rest of the ordinance remains in effect, which means that if a city worker, first responder, or officer sees someone using fireworks on private property, they can receive a ticket.

During this week's meeting, White was asked if that would help with enforcement. "It would be helpful," White said.

ABC13 reached out to White about the ordinance. He told us the council discussed the third-party witness portion during its May workshop meeting.

No judge, no jury: Why a legal expert was concerned

The city went with an administrative action rather than a criminal one. Legal expert Steve Shellist said that was potentially troubling.

"It's almost like a criminal wolf disguised in civil sheep clothing," Shellist said. With an administrative ticket, you don't go through the same process as with a speeding ticket.

"They could charge you thousands of dollars, and you don't even get a jury," Shellist explained. "You don't even get a real judge."

The ticket could be $500, but the ordinance said violators could get hit with even more. After the first ticket, the ordinance said that violators could be stuck with response costs, too.

This means that if your neighbor called the police, fire, or EMS, and officers went to your home, you may have to pay the response cost. White told ABC13 that it could be thousands of dollars.

During this week's special meeting, council member Amanda Barta pushed back against the changes and was the only one to vote against removing the third-party witness portion.

"It's not the 'he said/she said' type thing, and that's how I think the social media took it," Barta said. "That's how the ridiculous mainstream media took it, and everybody blows it up."

ABC13 reached out to Barta for comment. She didn't respond.

During the meeting, White said officers would investigate a neighbor's complaint before issuing a ticket. However, Shellist said the ordinance language stated that all it took was your neighbor's word to start the process.

"It does not require anything else," Shellist explained. "It doesn't list out any other evidence that the police need to begin this process other than a neighbor who could be upset at you."

During the meeting, the council said they may revisit the ordinance in the future.