Washtenaw County police agencies grappling with new state fireworks law
Reaction from police is mixed on the meaning of the new state law that made fireworks like these legal.
Jeffrey Smith | AnnArbor.com
A new Michigan law not only made “aerial” fireworks like bottle rockets legal, it also created a confusing gray area for law enforcement agencies.
For some, fireworks are a way to celebrate a holiday like Independence Day. For others, however, they are nothing but a noisy nuisance.
Since the louder fireworks were previously illegal, police used those laws to clamp down on folks who got a little carried away. Many municipalities still have noise ordinances, but the new law muddies the waters. Essentially, for three days during a national holiday, it could be a firework free-for-all.
The law states: “A local unit of government may enact an ordinance regulating the ignition, discharge and use of consumer fireworks. However, an ordinance enacted under this sub-section shall not regulate the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday.”
Does this mean police can’t enforce noise ordinances pertaining to fireworks for three days?
Police departments in the area had a mixed response.
“The law is somewhat ambiguous,” said Sgt. Kevin Murphy of the Saline Police Department.
Murphy cited an incident in Kalamazoo Township where a man was issued a noise violation ticket for shooting off fireworks the day before Memorial Day. The man claimed he shouldn’t have been issued the ticket because of the new state law. It continues to make its way through the court system.
Saline has a “breach of peace” ordinance that covers noise problems, but police aren’t sure to what extent they will be able to enforce it because of the new state law. Officers will respond as usual to any noise complaints, which will then be given to the city attorney for review if they involve fireworks, Murphy said.
Sgt. Paul Curtis of the Ann Arbor Police Department said as far as he’s concerned, noise is a separate element in the new law.
“Nothing in (this law) deals with noise,” he said. “The noise is another issue entirely.”
This year, the AAPD will be enforcing the noise ordinance as usual this week, Curtis said, and if the noise incident happens to involve fireworks, police will write the ticket.
Curtis estimated the AAPD was dispatched to complaints involving fireworks 20 to 25 times during the Fourth of July season in the past. He expects that number to possibly increase this year.
“It’s going to be a lot,” he said, adding that it started as early as Tuesday night.
The rules change from place to place. In the city of Chelsea, for example, there is an ordinance banning all fireworks except sparklers. What the new state law means for the three days in question remains to be seen there. Ann Arbor and Ypsilanti both have similar noise ordinances. From 7 a.m. to 10 p.m., there is a 61-decibel limit in a residential neighborhood. From 10 p.m. to 7 a.m., it’s lowered to 55 decibels.
Sgt. Geoff Fox of the Washtenaw County Sheriff’s Office said Ypsilanti Township is the only municipality his agency covers that has a noise ordinance, so it might not be an issue this holiday. Regardless of the new law, deputies will be responding to fireworks just as they have in the past, he said.
He hopes firework enthusiasts are willing to tamp down a display if it’s bothering someone nearby.
“We’ll talk to them and see if we can reach some sort of conclusion,” he said. “It’s really no different than responding to a loud radio.”
As far as writing tickets and arresting anyone, though, Fox said, “our hands are sort of tied."
Law enforcement agencies agree that what happens this year doesn’t necessarily reflect what will happen in years to come. Fox said most agencies are just catching up with the new state law.
“It’s become a hot topic around here,” he said.
When the smoke clears from this year’s Fourth of July, police will have a better grasp on the new law, officials said.
It won’t be a moment too soon for Murphy.
“If a guy’s blowing off a cannon all night long, you’d think something could be done,” he said.
John Counts covers cops and courts for AnnArbor.com. He can be reached at johncounts@annarbor.com or you can follow him on Twitter.
Comments
buildergirl
Thu, Jul 5, 2012 : 1:51 p.m.
I am tired and cranky after two nights of explosions lasting well past 3am both days, thank goodness for the storm yesterday! There were more pyrotechnics than a war movie. My dogs refuse to go outside at any time now and I spent an hour this morning picking up debris and spent bottle rockets from my yard before heading to work. What would have been nice, instead of everyone setting off displays, a nice neighborhood display. One place, one set of booms. I could get on board with that, and maybe end by midnight? I am not completely unreasonable. I don't hate fireworks. I just hate the people setting them off all night long for days. It was bad enough the weeks leading up to it, hopefully they are all spent. Oh, and please stop letting the kids go at it on their own. You have given fire and gun powder to a child without supervision. Really?
EyeHeartA2
Thu, Jul 5, 2012 : 1:09 p.m.
Hey you kids, get off my lawn!!!
thinker
Thu, Jul 5, 2012 : 4:11 a.m.
I am sitting here at 12:15 AM on the 5th, waiting for the neighbors to finish their fireworks. Large booming ones! Where is the consideration? Actually, I think that in a few years, after the novelty of the new fireworks law wears off, that things will quiet down. I do feel sorry for children, parents, animals, farmyard or pets, and the sick and elderly. Have I left anyone out?
thinker
Thu, Jul 5, 2012 : 4:14 a.m.
Oh, I forgot veterans.
WLD1
Thu, Jul 5, 2012 : 3:42 a.m.
The law is clear, you can fire off the fireworks the day before, on and after national holidays, If it makes noise and it violates noise ordinances then you can get a ticket for it. Just like you can own a radio but if you crank it up to loud you can get a ticket for it....
grye
Thu, Jul 5, 2012 : 3:02 a.m.
What a bunch of whiners. Sound like old people. Get young. Have some fun. The holiday isn't forever.
julieswhimsies
Fri, Jul 6, 2012 : 10:32 p.m.
Older people possess what you do not have. Wisdom.
Monica R-W
Thu, Jul 5, 2012 : 2:23 a.m.
Outside my house right NOW at 10:15 PM, it sounds as if I'm in the middle of a war zone. Sorry, but Michigan residents far and wide will be calling Lansing starting tomorrow and as LONG AS IT TAKES until a new law is passed to stop this crap. Residents who pay taxes and own Homes should not have to experience a mini war zone, in noise within their neighborhoods. Also, if my home is set on fire by a stray firework...in addition to calling our Homeowners Insurance company, you BETCHA we're going to send a bill to Lansing!
calmic
Thu, Jul 5, 2012 : 1:38 a.m.
I would like to see a comment from the City of Ann Arbor (attorney) as to whether the noise ordinance trumps the 'right' to set of fireworks 24/7 for three days around July 4.
Peter Eckstein
Wed, Jul 4, 2012 : 8:55 p.m.
I know that the new Michigan Legislature has a policy of "leave no special interest behind," but do they really want to give people the right to set off noisy and dangerous fireworks 24-7 for the three day periods around New Years, Presidents Day, Memorial Day, Labor Day, Veterans' Day, and Christmas--as well as Independence Day? Can we expect amendments to extend this to Valentine's Day, St. Patrick's Day, Mother's Day, Father's Day, Sweetheart's Day, and take-your-daughter-to work-day?
Mick52
Wed, Jul 4, 2012 : 7:35 p.m.
Not at all a democrat but I am very disappointed with the current legislature and governor.....
julieswhimsies
Fri, Jul 6, 2012 : 10:30 p.m.
Completely with you on that, Mick!
Goober
Wed, Jul 4, 2012 : 8:59 p.m.
I am not a republican, but they all stink unless we agree with what they are doing.
julieswhimsies
Wed, Jul 4, 2012 : 6:17 p.m.
People have been blasting these things off all night for more than a week. Not only are they a noise nuisance...In this current drought, and blazing heat, they could quite easily start fires. These things are also quite dangerous around children, as well.
thinker
Thu, Jul 5, 2012 : 4:13 a.m.
In our neighborhood, since May.
AAbob43
Wed, Jul 4, 2012 : 4:23 p.m.
Wow. Is it that hard to find the confluence between noise ordinances and the permission to use fireworks? Make the noise until the noise ordinance kicks in. Then quiet down. Serves the needs of firework-afficianados and sleepers alike. Some day, Americans are going to return to a little common sense and start looking for reason and accommodation among one another. I hope that happens before we have the next civil war. Happy Fourth to all.
WalkingJoe
Wed, Jul 4, 2012 : 2:47 p.m.
Actually, because of the heat wave we're having we have the windows closed with the A/C on. Fireworks were going off til well after midnight and I only got up to see where they were coming from not because they were actually bothering us. Having said that though I have noticed more fireworks/firecrackers going off at all times of the day and night recently. A couple of days this week I was walking the dogs at 8:30am and heard some go off. I was hoping this wasn't kids who sneaked out with some and would end up hurt.
Robert Granville
Wed, Jul 4, 2012 : 2:15 p.m.
Interesting. The guy working the Maple Kroger lot stand told me noise ordinances did not apply around the holiday. I walked away thinking he was absolutely full of .... well you know. Apparently he knew a little more than I thought.
thinker
Wed, Jul 4, 2012 : 2:01 p.m.
I think legal fireworks season should be the week of the 4th. There is no need for them to be starting in May, as there is in our neighborhood. No need for M-80s and larger (not legal anyway). Why can't the state just set a reasonable time period and publicize it? Sales and sales tax would be less, but animals, small children, and those who like to sleep after 11PM would be happier.
Nancy Corfman
Wed, Jul 4, 2012 : 1:53 p.m.
All I can say is "KUDO'S" to the WCSD for responding to many non-emergency calls regarding fireworks being set off in and around our neighborhood due to excessive noise. Some would begin as early as 6pm and last well into the early morning hours, i.e. 3-4AM. I can honestly say that last night was the FIRST NIGHT in 10 that I finally got a good night's sleep. Thank you WCSD! Keep up the great work!
Tru2Blu76
Wed, Jul 4, 2012 : 1:35 p.m.
LONG ago, from police ride-alongs, many of us already knew that AAPD wasn't "grappling" with any problems - very much including excessive noise problems. In fact, "excessive noise" when observed by police is still grounds for a citation - correct me if I'm wrong. (LOL!) As for those complaining about fireworks noise: the answer is simple and pure American advice: LEARN TO LIKE IT. Go down the street and become part of the admiring crowd when someone decides to set off a few fireworks. Engage & educate: more than a few eyes and fingers have been saved by sage advice from an experienced fireworks aficionado. "P-ing & M-ing" about the noise is a fit occupation for pansies and yuppies, nothing more. BTW: where the heck were the Michigan Air National Guard F-16s this Fourth of July morning??!! Hey Selfridge flyboys: I want my annual July 4th Thundering Jets Ratting the Windows wake-up call!! That's what we pay taxes for! ;-) I was up and had my video camera ready - WHERE WERE YOU??!! BTW#2: All that was to be seen was the (apparently new) "Firecracker Five K" (the name ostentatiously given this "foot race"). So my big question about this "spectacular" non-event is: why don't you name it more appropriately?? Something like "Better Than Not Running At All 5 K" or "LOOK At My Running Duds and Heart Rate Monitor 5 K" or "I Made This 30-Minute Run in only 90 Minutes 5K" - all seem far more appropriate to we who know what real running is about (like any ex high school track athlete - including the shot putters). Just wondering. (Signed) One who Appreciates July 4th Jet Flyovers, real July 4th fireworks and real foot races.
Ponycar
Mon, Jul 9, 2012 : 3:19 p.m.
The A-10's came over the City at about 12:15pm, about a half hour after the Parade ended. That's the best that could be arranged by the Jaycees, who run the Parade. Oh well. Thanks for the Parade anyway Jaycees! Great job!
Brad
Wed, Jul 4, 2012 : 1:01 p.m.
"shall not regulate the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday" Sounds pretty simple to me - where's the ambiguity? ""If a guy's blowing off a cannon all night long, you'd think something could be done," he said. " Is recreational cannon fire a big problem there in Saline, Sgt.? I don't recall anything in the new law about cannon fire, so I imagine something could be done if you run into that.
Matt Cooper
Wed, Jul 4, 2012 : 6:15 p.m.
I'm thinking you must not have actually read the article. The ambiguity is not in the use of fireworks, but rather in the noise level that accompanies such use. I know I have not slept more than a couple hours at a time in several days because the people that live in and around my neighborhood think it's a patriotic thing to set off quarter sticks of dynamite, M-80's and other explosive devices at all hours of the day and night. They seem to care not that they live around other people that work and have lives and would much rather sleep through the night than to have to listen to their fireworks from dusk til dawn.
johnnya2
Wed, Jul 4, 2012 : 4:34 p.m.
So in your mind the law allows for discharging CONSUMER FIREWORKS at ANY time from midnight July 3rd- 11:59 pm July 5th? So the people who work a job and have to get up should be told to suck it up, because it is more important to allow an idiot to blow things up at 4 am, even if it causes dogs to bark, kids to be awakened, and maybe an ER doctor to not get his required sleep? What if they shoot the bottle rocket on a public park and the person won't clean it up? That is part of REGULATING. If the neighbor decides to launch his fireworks and it burns down my home, this type of thinking would lead me to believe you think that is not a criminal offense. When a huge wild fire happens because of this stupidity, I hope the state is the one paying the fire department. If you don;t think it could happen, just look at Colorado burning away
Tru2Blu76
Wed, Jul 4, 2012 : 2:46 p.m.
Somehow, some people (inexplicably in such an educated town) have managed to forget that even the poor, repressed Communist Chinese have celebrated holidays for at least 1500 years WITH fireworks (aka, pyrotechnic displays) and w/o "yuppy headaches" and similar pansy-fied complaints. ONLY in America, apparently, do we have sleepyheads throwing tantrums over their "beleaguered" lives. A lot of us are actually grateful to live in such a free country, while SOME want (indeed cry for) more police presence and police "activism" to suppress free expression. A Police State - is apparently what these geniuses want. A pox on them all. :-)
thinker
Wed, Jul 4, 2012 : 1:56 p.m.
The fireworks nuisance starts in May. Limit the fireworks" season to the week of the 4th!
Richard
Wed, Jul 4, 2012 : 1:15 p.m.
Brad - I bet Chelsea is going to hand out tickets anyway and then they will lose in court.
arborani
Wed, Jul 4, 2012 : 12:55 p.m.
And I worry about those noisy *breeches* in Saline.
Fat Bill
Wed, Jul 4, 2012 : 11:40 a.m.
The reality is that most fireworks complaints in the larger jurisdictions and rural areas will probably just be logged in; police departments are having difficulty just getting to high-priority calls let alone nuisance complaints. A good storm will quiet things down...
Tru2Blu76
Wed, Jul 4, 2012 : 2:57 p.m.
For about two hours this AM, you could find half the Ann Arbor Police force lounging in their patrol cars at several downtown intersections. The "Big Priority" of the day was unquestionably the "Firecracker 5K Run" (at least they didn't call it a foot race). The only criminality I witnessed were the elapsed times for the "runners" who covered the requisite 3.1 miles in an hour or so (90 minutes in some cases). The average person can walk faster than that. So I think blocking traffic and pedestrian right of ways is a bigger priority and surely out-ranks complaints about an honored American tradition. And - I doubt cops had any trouble getting to priority calls, the radios in the squad cars downtown were remarkably quiet and free of "traffic" (calls to send officers scrambling to crime scenes). :-)
Goober
Wed, Jul 4, 2012 : 11:36 a.m.
Go figure - a Democrat sponsored this bill. I guess they stand for more than just tax, spend and grow big governments. Happy 4th of July!
Matt Cooper
Wed, Jul 4, 2012 : 6:11 p.m.
Yeah...and in case you didn't know, your Republican governor signed it into law. So your point is...what?
Shelly
Wed, Jul 4, 2012 : 11:17 a.m.
Just because the police aren't called doesn't mean it isn't a problem in Ypsi Township. There have been fireworks on our street somewhere nightly since Friday night. Last night/this morning I was awoken (as was much of thr neighborhood,I'm sure) between midnight and 1 by a different round of fireworks. It used to be that people were considerate of their neighbors, no matter the law.
Tom Todd
Thu, Jul 5, 2012 : 2:05 a.m.
everyone acts like they own the neighborhood/apartment complex and consideration of neighbors is beneath them.
jcj
Wed, Jul 4, 2012 : 11:09 a.m.
This law proves that stupidity is not limited to either side of the isle! While Gov Snyder signed the bill it was sponsored by Rep. Harold Haugh, a Democrat from Roseville.
Engineer
Thu, Jul 5, 2012 : 3:41 a.m.
Shows both sides can allow me tp pursue my inalienable rights! It is about time peoplle butt out. If I want to shoot a canon or a machine gun it is my right. Sorry bleeding heart liberals but that is the way it is!!!!