July 02--The state's new fireworks law has revelers from Grand Rapids to Ferndale launching once-forbidden explosives into Michigan's skies -- but not everyone's feeling festive about the change.
City officials across the state have scrambled in recent weeks to try to stymie the party in the sky -- limiting when residents can set off fireworks in light of a change in state law that allows a more powerful category of explosives to be sold and used in the state.
Warren Mayor Jim Fouts blasted the state law, saying "pyromaniacs" are terrorizing the community, scaring children, pets, seniors and veterans with post-traumatic stress disorder with the louder explosions caused by the more powerful fireworks.
"The state has legalized these 'consumer fireworks' and people are going gung ho," Fouts said. "People, who were hesitant to do illegal fireworks, now are empowered."
State legislators approved the looser fireworks legislation, which went into effect in January, to keep residents from taking their money to other states to purchase fireworks not available here. The new law forces communities to allow the fireworks on the day before, the day of and the day after federal holidays, such as the Fourth of July.
In response, Warren and other cities, including Grand Rapids, Ferndale, Novi, Birmingham and Royal Oak, passed ordinances to at least ban their use during the rest of the year.
Criticism from city officials has been noted by state Rep. Harold Haugh, D-Roseville, one of the sponsors of the legislation. He said he doesn't "disagree that there's confusion in the role the local communities play" under the current wording of the law.
He said he'll meet with the state fire marshal on July 17 to review the effects of the law over the Fourth of July holiday, and he would not rule out making changes to the law ahead of its two-year expiration date.
"My job was to make consumer-grade fireworks legal for sale ... it surely wasn't to disrupt local municipalities from enforcing their ordinances," he said
Warren's ordinance, which its City Council approved in June, says residents can't shoot off fireworks within 30 feet of a residential structure, and prohibits the discharge of the more powerful fireworks, now legal via the new legislation, by minors.
Fouts announced last week that the city also would ticket the parents of minors who violate the state law or the city's ordinance.
Fouts said the number of fireworks-related complaints has increased to 12-20 calls or e-mails per day to the city from a couple in years past. Similarly, Catherine Mish, the city attorney for Grand Rapids, said complaints in her city have increased to 30-50 per day related to fireworks.
On June 19, Grand Rapids City Commission passed an ordinance that bans the ignition of consumer fireworks except on the designated holiday dates.
"I live in the city. I know in my neighborhood I'm hearing them every night," Mish said last week. "We're seeing a lot more complaints from neighbors."
Mish also raised the issue of juvenile usage of fireworks. Although the new state law prohibits the selling of consumer fireworks to minors, it does not prevent minors from possessing them. She noted that two boys started a fire that burned several buildings in the city in June after launching bottle rockets from their front porch.
Although Grand Rapids has waited to issue tickets related to fireworks until after the city's ordinance passed, other communities have been more aggressive.
In Kalamazoo Township, a court will have to weigh whether to dismiss a noise ordinance violation issued to 42-year-old Karl Andrzejewski. He was setting off fireworks in his backyard with a friend on the day before Memorial Day when he was cited.
He said he supports the new law and is confident his case will be dismissed during his next court hearing July 23 in 8th District Court in Kalamazoo.
"I did my homework," he said. "From what I read, I was supposed to be safe that day."
Still, Andrzejewski said the situation has produced one positive thing: The notoriety from his ticket landed him a job selling fireworks.
Not every community in metro Detroit has noticed an increase in fireworks complaints, but officials in several said that as the holiday approaches they are gearing up to handle more complaints than in past years.
In Novi, where the City Council approved an ordinance last month that prohibits the discharge of fireworks on days other than the holiday periods designated in the state law, Public Safety Director/Chief of Police David Molloy said he expects at least a slight uptick in the number of complaints this year.
Molloy said police would continue to respond as needed to complaints about noise and other issues during the holiday periods, although he noted that the state law appears to preempt local ordinances on those days.
He expects court challenges to sort out some of the confusion.
He noted that in 2010 someone living on Meadowbrook Road who had failed to extinguish their fireworks started a fire that destroyed 60% of a home.
"Our best approach now is to promote safety," he said, noting that this year's dry weather could increase the potential danger from mishandled fireworks.
Contact Eric D. Lawrence:[email protected]
More Details: Fireworks safety tips
-- Never allow young children to play with or ignite fireworks. Adults should always supervise fireworks activities.
-- Never point or throw fireworks at another person.
-- Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back to a safe distance immediately after lighting.
-- Never try to relight or pick up fireworks that have not fully functioned. Douse a spent device with plenty of water from a bucket or hose before discarding to prevent a trash fire.
-- Never carry fireworks in a pocket or shoot them off in metal or glass containers.
-- Keep a bucket of water or a garden hose handy in case of fire or other mishap.
-- Never use, ignite, or discharge any fireworks while under the influence of alcohol or controlled substances.
Copyright 2012 - Detroit Free Press
