https://www.ourmidland.com/news/article/Townships-to-look-at-fireworks-ordinances-6969162.php
Townships to look at fireworks ordinances
By John Kennett jkennett@mdn.net
Published 7:00 am EST, Thursday, December 27, 2012
Faced with a growing noise problem due to fireworks, Midland County Commissioners decided that the issue belongs at the township level.
Acting on a recommendation from the Law Enforcement and Judicial Committee (LE&J), the full board unanimously approved to receive and file a draft ordinance for regulations regarding Midland County fireworks.
"Porter Township Supervisor Bob Fleming was having a lot of calls of fireworks being shot off at all hours of the night," said LE&J Chairman Jim Leigeb, R-3rd District, whose district includes Porter. "There are new explosives out there and they are being shot by rifle and are causing an awful lot of problems in the area."
The draft ordinance will now head to all 16 townships in Midland County for their review and possible passage.
"I thought that I would get a draft together for our commissioners," Leigeb, chairman of LE&J said at the Dec. 18 board meeting. "After talking to my fellow commissioners, the administrator/controller and legal counsel, I saw there was no support for it. If we could have adopted this throughout the county, it would be uniform. But, I saw that wasn't to be."
Commissioner Rose Marie McQuaid, D-7th District, believes the issue should be one for townships.
"I would just like to thank Commissioner Leigeb for his work," she said. "I couldn't support this. I do think it is the responsibility of the townships to look at that ordinance to see if they feel it is appropriate for them to adopt it."
So, instead each township will decide how to proceed with the ordinance.
"We're just moving this to the Midland County Township Officials Association and supervisors," said Leigeb. "Maybe they will adopt it."
The proposed ordinance states that a person shall not ignite, discharge or use consumer fireworks, except on the day preceding, the day of, or the day after a national holiday.
Those holidays include: New Year's Day (Jan. 1), Martin Luther King, Jr. birthday (third Monday in January); Washington's birthday (third Monday in February), Memorial Day, (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Columbus Day (second Monday in October), Veteran's Day (Nov. 11), Thanksgiving Day (fourth Thursday in November) and Christmas Day (Dec. 25).
If passed, the ordinance would cover consumer and low-impact fireworks. Consumer fireworks are designed to produce visible effects by combustion and may not be possessed by anyone under 18. Low-impact fireworks include ground and hand held sparkling devises.
People found in violation of the proposed ordinance may be issued a civil infraction ticket up to $500, or face a possible misdemeanor charge, punishable by up to 90 days in jail and/or a fine of up to $500.
"I think that maybe the time will come that we will have to readdress this," said Leigeb. "There is the danger of fire when these things are shot off in wooded areas and when the area is real dry."
Commissioner Richard Keenan, R-4th District, was also concerned about the danger of fire.
"I live in a heavily wooded area and it wouldn't take much to set off a tremendous fire," he said. "I think if we start shooting off fireworks, we are going to have tremendous problems."