Hills Council Splits on Emergency Fireworks Ordinance

Does limiting your neighbor's extended July 4th bottle rocket serenade constitute an emergency?

Farmington Hills city council members wrestled with that question during Monday night's study session and regular meeting. City attorney Steve Joppich brought forward an ordinance that anticipates the passage of a new state law that would give officials more control over fireworks on the legal holidays state officials approved last year. 

The 2012 law made fireworks legal on 10 holidays, as well as one day before and one day after each holiday. Joppich said the new law would allow time restrictions on those days, "but only if local ordinances are in place." 

A local ordinance requires two readings and 21 days to enact, Joppich said, which would make it effective after July 4th, the most popular holiday for fireworks. He said officials could make the case for passing an emergency ordinance, which would become immediately effective after two readings.

Provisions in the local ordinance would make it void if the bill does not become state law, he said. 

Council members Ken Massey and Richard Lerner argued that the proposed ordinance did not rise to the level of an emergency. 

"We may be able to legally define this as an emergency," Lerner said, "but it's a stretch of the definition." 

Lerner supported the ordinance without immediate effect, Massey voted against it. While supporters noted that fireworks complaint calls skyrocketed last year, Massey said the situation was likely a "one off", created by a heightened public awareness. He also questioned how police would enforce the ordinance.

"We've had fireworks going off illegally in this community as long as I can remember," he said during the study session. "I think if you quit talking about it, it will drop off." 

Officials approved the ordinance 5-1, with Massey opposing. It comes back for a second reading, and a decision on whether to give it immediate effect, on June 24.