Council adopts fireworks ordinance

Observer Staff

7/13/2006 12:00:00 AM

Because of an escalating risk concerning the improper sale and storage for sale of pyrotechnics on the Isabella Reservation, a fireworks ordinance has been adopted.

Ordinance No. 24 was originally enacted on June 28 through Resolution 06-109 by an 8-0-0 vote. Language concerning administrative search warrants were subsequently amended, with the final document being approved by Resolution 06-111. It was adopted on July 3 during a Tribal Council special meeting by a 5-0-1 vote.

The measure also has provisions concerning signs advertising the sale of fireworks that peppered area roadways near the businesses. The action was also prompted after signs were place along Leaton Road near Aagimaak Street that allegedly contained "inflammatory language that will likely incite violence in the community."

Previous approval for the sale and storage for sale of fireworks issued by the Tribal Council pursuant to Tribal Council Resolution 05-167 will be valid until Aug. 31. After that date, all future approvals will fall under the new ordinance.

Tribal members may apply for a Tribal fireworks permit by submitting a written request which would include the location of the property where they are being sold, as well as who will be authorized to sell them. There is a limit of five permits to be granted during any one period.

"The Tribal Council may require such additional information as it deems necessary to act on the application," according to the ordinance. "If the Tribal Council finds that the applicant is of good character, has complied with all applicable laws, and will be able to sell or store for sale fireworks in a safe and suitable manner, the Council may issue a Tribal Fireworks Permit limited to a single-named location and containing such limitations as the Council deems appropriate."

Violators of the ordinance shall be subject to a civil penalty of at least $2,000 and not more than $5,000 a day for each violation. Fireworks stored in violation of the measure shall also be subject to seizure, forfeiture and destruction.

The ordinance also has provisions for Saginaw Chippewa Tribal Police to request an administrative search warrant from a Saginaw Chippewa Tribal Court Judge "to conduct any inspection required or authorized by law to determine compliance with the provisions" of the ordinance.

Individuals who are issued a Tribal Fireworks Permit may post up to three signs within the Isabella Reservation relating to the sale of fireworks.

"Provided that no sign shall interfere with the reading of or otherwise obstruct another authorized sign; and provided that no sign shall contain disparaging or demeaning language regarding any named business, person or location authorized by permit to sell or store for sale under this ordinance," stated the ordinance. "Signs permitted under this ordinance shall be no larger than four feet in width and four feet in height and shall not extend more than two feet from the bottom of the sign to the ground."