Ordinance committee discusses rocket, golf cart limitations

Published 9:26 am Wednesday, June 26, 2019

NILES — Consumer fireworks use laws within Niles city limits moved a step toward following new, more restrictive state laws after Monday’s ordinance committee meeting at the Niles Fire Department Complex.

The committee’s four present members unanimously decided to recommend to the city council that fireworks were limited to the state’s set days and times only. The five members of the committee are all part of the eight-member city council.

The recommendation must receive two hearings and public comment before the city council votes on it.

It follows state laws signed by former Gov. Rick Snyder in December 2018 that limit the number of days a consumer — a private resident, not acting for a commercial business or official event — can shoot fireworks. The number of days permitted dropped from 30 to 12, with leeway given to municipalities to decide whether a limited number of additional dates can be added.

The committee will recommend to the council that the city only allow consumer fireworks to be shot during the 12 days the state allows. All days fall near holidays, like the Fourth of July and Memorial Day.

Public safety response and public quietness were two top talking points discussed by committee members and public safety officials.

“The reality of having the ability and manpower to actually go out and enforce an ordinance like this is unlikely,” said City Administrator Ric Huff. “However, when you do get the person that is just a flagrant violator — repeating after being warned, those kinds of things — it would give you the tools in that situation.”

Niles Police Chief James Millin agreed. He said both he and Fire Chief Larry Lamb supported what would become the committee’s recommendation.

“Certainly, if people are outside the law now, we can issue citations,” Millin said. “This just kind of shrinks that a little bit more and allows people to have a little more peace when they otherwise wouldn’t.”

Millin said that this would keep law-abiding citizens from shooting fireworks on prohibited days. For those who break the law, the police department could issue heftier fines. The 2018 fireworks laws increase civil fines from $500 to $1,000.

The key, he said, is catching the culprits in the act of setting the fireworks off.

“A lot of times, when people call in, they’re calling about the noise,” Millin said. “They hear the noise, but they can’t tell where it’s coming from, and so we’re searching literally a five, six-block radius.”

Low-impact fireworks, like snappers and handheld sparklers, can still be used any time under the new Michigan law. Commercial fireworks can also be launched at any time, too, so long as a business receives local government approval.

Committee member Gretchen Bertschy said she wanted to be sure the difference between “consumer” and “commercial” was made clear in the recommendation to the city council.

She used Niles High School as an example to differentiate between the two definitions. If NHS wanted to celebrate a sports team making it to a state championship, it would hire a commercial fireworks company. It would not permit the team’s members — consumers — from shooting fireworks on their own.

Golf carts will stick to the course

The ordinance committee also extended the prohibition of golf carts on city streets. No member made a motion to approve the use of golf carts on city streets, but the topic was discussed.

After talking to constituents, a few committee members said their constituents’ interest in allowing golf carts waned.

“I think the initial reaction that I got from the vast majority of people was, ‘Hey, that’s kind of a novel idea. That’s kind of cool,’” Huff said. “The afterthought is, ‘Nah, I just don’t really want to deal with it.’”

City attorney Robert Landgraf said that municipalities in the state that approved golf carts on city streets usually had a reason to do so.

Niles did not seem to, and the added insurance, property and policing issues that could arise from allowing golf carts did not seem worth it, he said.

Committee chair Daniel VandenHeede noted that state law requires golf cart drivers to wear helmets. He thought that could be an issue if golf carts were allowed on the streets.

“I don’t think I’ve ever seen a person driving a golf cart with a crash helmet on,” he said.

Bertschy had the last words during the discussion.

“I think it’s an unnecessary headache that we don’t have the resources to try to initiate and educate,” she said.

The agenda item came to be from a resident’s written request to consider the change, Huff said.

Before the ordinance committee meeting, Niles City Council hosted its meeting. It unanimously approved 12 agenda items, including the following:

• A city-wide garage sale to be hosted Aug. 9 to Aug. 11

• USA Track & Field, Inc., of Indianapolis, Indiana, to host its Mainly Marathons race on July 8

• A request to host the annual Fort St. Joseph Archaeology Open House with Western Michigan University from Aug. 3 to Aug. 4.

• A quote of $4,782 from Reliable Generator and Electric, LLC, of Niles, to test the city’s generators.

• The power-washing of two water towers by H20 Towers, LCC, of Saline, Michigan, for $9,950

• The $11,322 purchase of five fire gear sets from Apollo Fire Equipment in Romeo, Michigan.

• A renewal of a $1-maximum surcharge to customers’ electric bills Michigan’s Low Income Energy Assistance Program

• Additional work costing $3,100 on Chapin Mansion

• Participation in regional transportation planning activities