Council passes measure limiting fireworks in city

by Angie Asam — Staff Writer

At a workshop meeting prior to Tuesday evenings City Council meeting members of the public came forward to voice their opinions about fireworks being shot off at all hours of the day and night in town.

Nine residents spoke at the workshop meeting and two wrote letters to the council that were read into the record by city manager Joe Hefele.

Residents spoke about the fireworks bothering their animals, the debris that is left after fireworks are shot off, disturbing the relative quiet people have come to enjoy and other things.

Dennis Lyk, who resides on the corner of Huron Avenue and North First Street brought in a bag with some things that he found on his roof after someone in the neighborhood had a fireworks show. He also discussed how one airborne firework that was shot off by his neighbor landed in the middle of the road and burned for a few minutes there.

COUNCIL IS not allowed to make any decisions at workshop meetings but listened to the residents and their concerns. “We live 10 feet apart from one another. Common sense is to get out of the city limits to light these things off,” said resident Joe Cercone.

“The majority of our complaints have come in between 4 p.m. and 11 p.m. We would like to see them banned in the city except for on the day before, the day of and the day after a national holiday,” said Rogers City police Sgt. Jamie Meyer.

The city’s hands are tied a bit as it has to follow public act 256, state law. The state law outlines what a local municipality can do regarding the law. “(2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, including, but not limited to, an ordinance prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks. If a local unit of government enacts an ordinance under this subsection, the ordinance shall not regulate the ignition, discharge, or use of consumer fireworks on the day preceding, the day of, or the day after a national holiday except as follows: (a) A local unit of government with a population of 50,000 or more or a local unit of government located in a county with a population of 750,000 or more may regulate the ignition, discharge, or use of consumer fireworks between the hours of 12 midnight and 8 a.m. or between the hours of 1 a.m. and 8 a.m. on New Year’s Day. (b) A local unit of government with a population of less than 50,000 located in a county with a population of less than 750,000 may regulate the ignition, discharge, or use of consumer fireworks between the hours of 1 a.m. and 8 a.m.,” states the act.

Department of public works superintendent Roger Wenzel said he and his crew have been picking up a lot of fireworks debris around town as well. “We do have to follow the state law for those days. But we also need to watch wreckless use and minors shooting them off and other things,” said councilman Scott McLennan.

WHEN THE council was in its regular meeting at 7 p.m. the fireworks ordinance was the first item of regular business on the agenda. McLennan moved the approval of an ordinance that would allow consumer fireworks to be shot of the day before, the day of and the day after a national holiday but not between the hours of 1 a.m. and 8 a.m.

Following his motion city attorney Mike Vogler asked the council if it wished to pass this as a regular ordinance needing a first reading, followed by second reading and adoption at the next meeting or pass it as an emergency ordinance effective upon publication in an advertisement in the Advance.“People aren’t acting reasonably about it and we have to do something,” said McLennan when amending his motion to include that it be an emergency ordinance.

“I will vote no on this. I think it is too restrictive and too fast. I thought we should look at a Sunday through Thursday type ban. There is more to it than what we have discussed,” said mayor Tom Sobeck.

Councilman Ken Bielas supported McLennan’s motion and the ordinance passed by a three to two vote with Sobeck and councilman A.J. Przybyla voting no.