Ludington City Council Meeting July 8, 2019: Freedom, Fireworks, and Fifth Wheels

The Fourth of July celebrates freedom in great form in Ludington thanks to the Ludington Area Jaycees; the Eighth of July at the Ludington City Hall celebrated the lack of individual freedoms on a couple of fronts, thanks to a few officials who have no qualms with taking more rights of the people away.

Featuring perhaps the least crowded agenda yet of City Manager Mitch Foster's brief tenure, two issues saw some controversy in the hour-long meeting: a reworking of the fireworks laws to restrict consumer fireworks to a dozen days a year around four holidays, and an off-agenda discussion over parking and storage of recreational vehicles in the city.

Other issues came up and were passed or acknowledged by the council without problems, these were:

-Approval of a 3 year contract with Engineering Protection Services (EPS) for upgrading communication services at the water treatment plant. The service will cost a little over $100 per year over the previous amount, marking a 9% raise.
-Deb Luskin and Jackie Steckel (as alternate) were appointed to represent the City at the Michigan Employee Retirement System (MERS) meeting.
-Approval of an easement for electrical conduit at the West End Project for Consumer's
-the monthly code enforcement report
-Setting a public hearing at the next meeting to discuss vacating the alley adjoining 801 N Rowe requested by Lofts on Rowe LLC

City Manager Foster updated the council on a variety of projects that he and other staff has been working on and is a refreshing change from the previous city policy of John Shay where such topics usually only came up on the night they would be passed by the council, if at all. Among the stuff he mentioned was getting the local college a city water supply contract to be considered at the next meeting, the flooding problems at the Maritime Museum and the difficulties pushing that further back, and various meetings he had over topics, including attracting cruise ships to the area (for his full report, see p.78 of the council packet, other documents of interest are also therein.

Public comment involved Rebecca Hunt thanking the city manager for fixing a problem she had had at her house (no specifics), Cory (and Benjamin) Rickett of the Jaycees and Planning Commission thanked the city police and DPW for the Freedom Festival and fireworks show running smoothly.

And at 4:20 into the meeting, just before Lyla McClellan told the council that the deer problem in the city is getting to a tipping point, I got up and had a few words about freedom and fireworks myself before the council would later unanimously pass this regressive ordinance:

July 8th, 2019 Ludington City Council meeting from Mason County District Library on Vimeo.

XLFD: "When you chose to serve the public as a city councilor did you do so in order to better protect the rights and property of your fellow citizens and keep city hall's power in check, or did you do so in order to take rights and property from citizens and expand city hall's power over most every aspect of their life?
I hope it was the former, for if you did, then you must be at least internally troubled over the fireworks ordinance tonight. For the most part of 140 years, the City did not have any ordinance regulating the use of fireworks on certain dates, rather they had a disturbing the peace ordinance which effectively prohibited fireworks at socially-unacceptable times. This ordinance before you limits the use of fireworks to about twelve specific dates per year, bans them outright the other 354 days.
As a kid reared locally on firecrackers and bottle rockets, I find these ordinances an offensive and arbitrary grab of rights we should all hold dear. Our French visitors and repatriated citizens will not be able to celebrate Bastille Day this Sunday, those with a strong English heritage will not be able to commemorate Guy Fawkes Day. Those from China will not be able to celebrate any part of their long new year celebration, nor will those from India be able to properly observe the 5 day Diwali festival.
Such laws in a tourist town like Ludington looking to appeal to an international crowd make the City look provincial, if not xenophobic. For each and every day is celebrated in some way across all cultures, and if a citizen should want fireworks to celebrate a birthday, a wedding, a job promotion, an anniversary, a graduation, a bar mitzvah, or some other cause, and if that day happens to not be on or just before New Years Day, Memorial Day, Independence Day or Labor Day, they will be totally out of luck in Ludington, even with quiet pyrotechnics. That's unacceptable.
Instead of going arbitrary why don't you consider a meaningful tweak of the existing disturbing the peace ordinance? That ordinance seems to work out pretty good, you generally have an injured party making a complaint, where the police convey a warning and/or ticket to the fireworks user if the complaint is viable.
With this ordinance, if an officer sees a kid doing an urban renewal project on an anthill with an otherwise legal firecracker, 98% of the time he's obligated to give the kid's parents a $1000 ticket; there's no heart in this ordinanceand a big incentive for the police to enforce it because of the $500 bounty their department gets. Thank you

I would have liked to add an anecdote of what happened at my house on the Fourth of July, but it would have probably seem contrived to the councilors. I was out in my backyard talking with family that was in town for the Fourth after the fireworks and a group of about a dozen people, half adults half children, set up their own fireworks show just across the street at the Kaines' parking lot just before midnight. These guys probably didn't have permission from Kaines but they spent nearly an hour shooting off some quality fireworks.

Rather than being annoyed or offended that my visitation would be interrupted every so often by the fireworks, we enjoyed them while they lasted, enjoyed seeing the others enjoying setting them off. It's the sound that goes with freedom in this country, and frankly, if your pet has a problem with them, the best cure for that is to expose them more often rather than less often.

I had a kitten that was very frightened the first time he heard fireworks, by the end of the 'fireworks season' this kitten's curiosity had him going towards the noise. A relative has property out by the shooting range, and it's interesting that the deer don't even flinch when the sound of rifles goes off in the near distance, though they'll run when they smell you.

When they passed this ordinance with little discussion other than by the attorney reiterating the new state standards it was a loss for freedom. I think even the COLDNews Noah Hausmann may have been a little in my camp for this issue, as he presented my points about disturbing the peace ordinance tweaks, alternate holidays and even quoted my 'reared on firecrackers and bottle rockets' line verbatim in Tuesday's newspaper. I'm additionally pleased that no other citizens at the last two meetings came forward and indicated why this was bad lawcraft, this was strictly motivated by city officials.

Just because the State has said there are periods where cities cannot ban fireworks, cities should not automatically ban the maximum amount they can-- it says a lot about how they think of your rights when they do. This leads into the second issue of the RV Ordinance Draft.docx which came up by dint of the report from the Public Safety Committee.

The most spirited discussion began with Councilor Serna's concerns with the legitimacy of the complaints which led to the need for the ordinance and the broadness of the proposal. The proposal also limits how many 'toys' you can park on private property, limiting each property to two (including utility trailers). It also makes it unlawful for you to use an RV on your own property for temporary habitation.

Under these new rules, tents are not considered 'recreational equipment', so you could have a tent city in your backyard, but you couldn't have someone staying in a pop-up camper. Councilor Serna brought up some good points regarding how the ordinance is unfair to certain properties and had some additional support surprisingly from Councilor Johnson and Lenius. The fun begins at around 16:00 in, and continues for the next 16 minutes. This ordinance is likely to see revisions before it comes to the council once again, and if they are smart, they will observe the rights of people to enjoy the maximal use of their property, rather than cave in to some informal complaints that haven't been shared. The Ludington Torch will be asking for such complaints.

Nobody spoke up at the second public comment period, I had a prepared statement about the way the 'emergency' project at North Washington Street appeared to have been handled improperly, but decided that I may just talk it over with the city manager to see why the records were inconsistent.  

Views: 504

Reply to This

Replies to This Discussion

My only problem with fireworks is the noise and time of day they are used. The old guard firecracker noise has become a wall shaking, plate rattling bomb explosion and without some restrictions would be set off every night if allowed. I do agree that using the noise ordinance could be more effective but then "noise" would have to be narrowly interpreted. Plus the fact that police would be kept busy chasing noisy fireworks complaints instead of beating up citizens who double park. It has become much more quiet and peaceful since the new State laws have been revised.

Quiet and peaceful ? where are you. Those bombs they set of are not of the fire crackers of the old days. You can feel the concusion 3 blocks away. I don't think any law will stop it, state or city . If so called fireworks are available even from another state they will be bought and set off here by wacko's thinking it is fun , thrilling , a thing to do  and their right to do so.

Which is why the disturbing the peace charge is more appropriate than a fireworks ban based on dates.  The loud noises at inappropriate times is what leads people to accept bans like this, but it also disallows a lot of people who want to use fireworks responsibly at reasonable times.

You rarely see anybody using the quiet pyrotechnics around here, because it just ain't popular not to have some pop with the flashing lights.  In certain parts of the world, they use quiet pyrotechnic shows for celebrations, but I think it won't catch on here for celebrating the Fourth.  No less than John Adams said he hoped the anniversary of independence would be marked for years to come by “guns” and “bonfires” and “illuminations.” 

July Fourth was first celebrated during the Revolutionary War as a morale booster, and while few if any still use cannonades and gunfire to celebrate the anniversary of our country, fireworks displays are a happy medium.  And it may be hard to tolerate at times, but private firework shootings are just too American to ban, in my opinion.

John Adams probably didn't intend that people's sleep is interrupted for days at a time by an intrusion of peace which is totally out of control or that the pets have to be sedated on Xanax because they are so traumatized. If the money that communities and individuals waste on devices that deafen and irritate neighbors was spent on something to benefit all, the world would be a much better place, imo. For those that have to get their thrills by blowing M80 mortars, they should blow them in their own basement with no earplugs and no fire control nearby. The tourists that come into our community and blow the mortars in the streets apparently way beyond limits do not care for the people who live here.

By quite and peaceful I was referring to the time after fireworks were legalized and we heard fireworks going off for weeks prior to and weeks after the 4th. Allowing limited days makes for more quiet time.

The 'new' fireworks rules do not come into effect locally until July 28, although the 'old' rules passed in 2013 does not permit any fireworks either between now and then.  

The PTSD and vext pets arguments just don't make much inroads for me, though I fully commiserate with both parties.  There are dozens of common triggers for PTSD, and I am not wanting the government to be taking away somebody else's rights just because it may trigger some generic person's PTSD.  The noise of a car's backfire or somebody taking a shot at a critter during hunting season may trigger a veteran's PTSD, but is anybody calling for banning internal combustion vehicles or hunting?  

Only 6% of the US population are vets, and probably a much lesser percentage of those veterans have a documented PTSD reaction to fireworks, mistaking them for battlefield noises.  This makes for a very small percentage of the population with fireworks-induced PTSD; I've yet to hear of any person in the Mason County area who has such an affliction-- they definitely haven't spoke out at city and township meetings about the fireworks issues.  

As for pets, I've yet seen a kitten or puppy not get anxious and afraid the world is going to end when you turn on a vacuum cleaner or a lawn mower, but should the local city council mandate mufflers on my Hoover and ban grass cutting?  They actually mandate that you need to cut your grass, so they obviously are not concerned with your pets' nerves or whether the veteran living at the house obliquely equates the smell of fresh cut grass to his tour of Vietnam.  

So instead of making laws banning guns, cars, vacuum cleaners, lawn mowers, fireworks, etc. arbitrarily because they make harsh noises that negatively affect some sensitive people and animals, let's instead use the existing laws to go after those cads who are using them to knowingly create a disturbance of the peace.   

Tom I think your way off on this problem. People that set off fireworks all night have no consideration for other people. Just as an example how would you feel if you had a medical emergency or severe accident and you knew that your Doctors and Nurses had gotten no sleep in TWO days because of the idiots that had to shoot off their fireworks. 4th of July there were still fireworks going off at 4am. For people that have to go to work this is totally unacceptable. If people weren't so inconsiderate we would't need ordinances to force them to consider other peoples needs.

I don't think I'm that far off from you and others who have commented here, except that I am against a flat ban that would make responsible fireworks usage worthy of a $1000 fine without anybody being inconvenienced by it.  The ordinance, even the old ordinance, fines the person wanting to shoot fireworks off all night-- yet so would an enforced disturbing the peace ordinance-- along with possible jail time to make them think extra hard about whether it's worth it.  

But the newer ordinances banning fireworks over 90% of the year at all times could stifle the next Robert Goddard from ever coming into being, once their homemade rocket that explodes on the launchpad gets branded as fireworks, and Mr. and Mrs. Goddard have to pay $1000.  Guess who has a new hobby then?  Young Bobby.

My dad (a veteran with a purple heart and several other medals for valor) and I used to experiment with homemade rocket fuels all the time in our backyard, but our failures, and even some of our successes, could have made one of the local gendarmes think they were fireworks rather than science experiments.  

Yet it was always afternoon or early evening when we did this, and we had no complaints from our neighbors because they knew of and were okay with our peccadilloes, and it didn't disturb anybody.  If it had, we would have taken that into consideration and surely look for a compromise.  That's how things worked back then.  Inconsiderate people deserve getting fined and possibly jailed (which they will not get with the ban, but will with an enforced 'disturbing the peace' law), considerate people under the ban will risk getting double fines with no victim necessary, no mens rea required.  It's terrible law, in my opinion; if that makes me way off, then I'm guilty.

Your not comparing apples with apples. When you have a rocket launch or test a engine the noise doesn't continue for hours and is not usually done at night. Some years I would have gladly paid the police department myself to go and find the idiots that are shooting off fireworks every night of 4th of July week. If they know it is a $1,000.00 fine and our police department will actually do their work and go find the perpetrators, then so be it. If it is just another law that won't be enforced then why bother to write it. Perhaps they should write a ordinance that the police dept. has to enforce the ordinances that are already on the books.

I agree, Inquiring Mind. And it seems the police should be happy to enforce the ordinance to pay down their pension rather than have the taxpayer foot the higher tax. Perhaps another instance of "for the tourist and not the residents."

 WE feel sorry for our pets who run and hide and are really scared because of the unknown noise they can't understand. But what about the thousands of veterans who suffer from PTSD ?  Most can, and I personally don't know that as a fact,  can probably get through the fire works show as they know whats coming. The  before and after dramatic continuous bomb sounds puts most in another world that they don't want to be in. I know some that if a house or car door is shut hard it greatly disturbs them. The State, Local Governments along with the public should be thinking of their personal wellbeing . They are still paying the price of OUR Freedom  on this Independence Day  and the day before , day of , day after and anyother day some A Hole  thinks its his right.

Anyone who has served in active war, will likely never forget the fear of flying bullets, the fire and noise from such, and the total tiredness from waiting for the unexpected attack and especially at night. Nor will they likely forget the destruction and devastation which puts one in another level of consciousness forever. What the Fourth of July in Michigan has developed into seems to cater to impish, drunken, commercial behavior, spurred on by tax revenue and has little to do with true patriotism or sacrifice for country.

RSS

© 2024   Created by XLFD.   Powered by

Badges  |  Report an Issue  |  Terms of Service