Public hearing slated for ordinances

Observer Staff

7/5/2005 12:00:00 AM

A June 28 public hearing has been slated for comment regarding two proposed Tribal ordinances concerning off-road vehicles and fireworks.

Both ordinances are intended to promote safety of Isabella Reservation residents. The hearing will take place at 9 a.m. in the Seniors Room at Tribal Operations. A public notice for the hearing can be found on page 4. Tribal Council shall hear from any person who wished to comment on the proposed ordinances, while maintaining the authority to place time limits on each speaker.

The fireworks ordinance would regulate the possession and sale of fireworks within the reservation, while the ORV ordinance would govern operation and registration.

The six-page draft of the "Off Road Vehicle, Registration and Safety Act" includes provisions for mandatory registration with Saginaw Chippewa Tribal Police within seven days the ORV is purchased or acquired as a gift.

The vehicle will be inspected for minimum standard equipment requirements when the owner is registering it. There is also "safety certificate" requirement where the operator of the ORV must have successfully completed a safety program sponsored by the Saginaw Chippewa Tribal Police Department. An initial registration fee of $50 will be charged for each off-road vehicle.

The proposed measure also includes parameters for vehicle operation, including transporting passengers and trespass. It also calls for parents or legal guardians not permitting a minor less than 16 years of age to operate an ORV- unless the minor is on private land and under the direct supervision of an adult.

The Saginaw Chippewa Community Court would have sole jurisdiction in all cases involving members of a federally recognized Indian Tribe pursuant to both ordinances. Every person who is convicted of a violation of the ordinance would be subject to a fine of not more than $500 and/or impoundment of the ORV.

The proposed fireworks ordinance would require individuals selling or possessing with the intent to sell fireworks , to purchase a $100 permit. The permit would be valid for only 120 days after it was issued. Permits would only be issued to adults and would be limited to a total of five. Each person would be limited to one site for the distribution and sale of fireworks.

Fireworks, as defined in the six-page draft, does not include such items as emergency flares, model rocket engines, caps and sparklers.

The pyrotechnic proposal also has provisions concerning the storage of fireworks, including prohibiting them from being stored in the following ways:

-In a building occupied for residential purposes or in any structure located on the premises of a residence;

-Within 1,000 yards of any building occupied or intended for business or residential purposes;

-In amounts greater than what can be expected to be sold at the particular location during the period of the permit; and

-At a located which is not identified by the permit.

Individuals found violating ordinance provisions shall be subject to a civil fine of $250 to $500; civil remedial forfeiture of any property used in the commission of ordinance violation; permit forfeiture and not being able to acquire another one for a maximum two years; as well as court costs.