St. Clair Shores

And the rockets’ red glare … will be regulated

By Kristyne E. Demske
C & G Staff Writer

St. Clair Shores is the latest community to take action as a result of the Michigan Fireworks Safety Act, approving its own set of regulations July 2.

City Attorney Robert Ihrie said the amendment to the city’s Fireworks Ordinance exercises the city’s police powers to regulate the new consumer fireworks on all but the 30 days delineated by the state Legislature.

“The ordinance that is proposed does prohibit the ignition of consumer fireworks on every day that is not the day of, before or after a legal holiday,” he said.

The protected holidays are New Years Day, Martin Luther King Jr. Day, Washington’s Birthday, Memorial Day, July 4, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas. The ordinance amendment also calls for a time restriction on low-impact or novelty fireworks, which may not be discharged between 11 p.m. or dusk — whichever is earlier — and 7 a.m. The ordinance amendment went into effect July 3.

The ordinance does state that, even on the 30 protected days throughout the year, a minor shall not use, discharge, possess or ignite any consumer fireworks, and can only use low-impact or novelty fireworks under supervision of a parent or guardian. Consumer and other fireworks are also prohibited on any public property; they shall not be ignited within 20 feet of an open flame, burner, gasoline or grill, or in any enclosed structure, tent or overhang; and excessive use of fireworks — defined as continuous or intermittent ignition for more than 20 minutes — is prohibited as well.

According to the ordinance, no consumer fireworks can be set off within 50 feet of a residential building or vehicle.

“We believe that it is a valid exercise of police power,” Ihrie said. “It is likely, whether it is St. Clair Shores, whether it be Birmingham, whether it be another village or city … there will be, probably, a challenge.

“The question of whether or not the state can infringe upon a home rule city’s right to enact ordinances that are otherwise constitutional and valid … with of course have to be determined in court.”

The state law, which took effect Jan. 1, states that, “A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks. However, an ordinance enacted under this subsection shall not regulate the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday.”

Ihrie said the city can also enforce its disturbing the public peace, trespassing and nuisance ordinances when fireworks violate those, as well.

“Here is the problem with enforcing … they (police officers) actually have to observe the violation,” Ihrie said. In the alternative, “you have to have observed it. You really have to see who did it and be able to identify that person and be able to inform police who that person is. That will involve your becoming … a rather pertinent person in the process.”

Deputy Police Chief Glenn Bowlin said they would have extra officers patrolling, specifically looking for those setting off fireworks in violation of the ordinance. City Manager Ben Hughes said he authorized overtime for the department to crack down on violators.

Resident Joe Backus said he didn’t think barking dogs were a good enough reason to pass an ordinance regulating fireworks.

“If a dog barks at fireworks, those people (should) call the police (who) can issue a noise violation” to those setting off fireworks, he said. “That is no different than if you have a wild, crazy graduation party going on late at night.

“We do have the right to express our freedom, which includes celebrating the Fourth of July and fireworks. Make sure you’re not restricting our freedom of expression.”

Councilmen John Caron and Chris Vitale both said they had pets affected by the noise and Vitale said he had a firework land, in flames, on his lawn. Vitale said he is of course in favor of freedoms of expression, but “they end when I have to take time out of my day to clean up your mess.”

Backus was the only resident to speak against the ordinance amendment, however. Most said they felt some sort of regulation was necessary.

“This (is) going on every day and every evening, including after the noise ordinance” states quiet should begin, said Marianne Courey.

She said she has to tranquilize her pets daily and spends more time at home making sure a fire doesn’t start on her property from fireworks fallout. A party she hosted for the June 29 city fireworks show had to be moved inside because hot embers from private shows kept falling on guests’ plates and heads, she said.

“I can’t open up the windows at night because I can’t sleep because of this noise. When I asked a neighbor to stop late on a Sunday night, I was met with yelling and intimidation tactics.”

And Whitney Ducaine said her husband, who suffers from chronic insomnia, is having even more problems sleeping this summer.

“We’ve tried to talk to our neighbors (and) met with not very nice responses,” she said. “I’ve called the cops many times and have appreciated their efforts to come out, but nothing has really been resolved as a result of their efforts.

The ordinance was approved 5-1, with Councilwoman Candice Rusie voting against it and Councilman Pete Rubino absent.

Rusie said she, overall, supports the ordinance but said she voted against it because she was concerned that the 20-minute time limit would make it easier to challenge in court.

“I think this is a dumb state statute,” she said. “Contact your state legislator with your unhappiness with that.”
 

You can reach C & G Staff Writer Kristyne E. Demske at kdemske@candgnews.com or at (586)498-1041.