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Grosse Pointe Woods Approves 2 New Ordinances

The Woods’ new ordinances replace the old fireworks code to be in line with new state law and allow for harsher punishments for drivers convicted of operating a vehicle while intoxicated with blood alcohol levels that exceeds 0.17 percent.

The Grosse Pointe Woods city council approved two new ordinances this week addressing fireworks and drunk drivers.

The new ordinances tweak the old city fireworks ordinance to be in line with recent state legislation governing consumer fireworks use and the other allows  local authorities to prosecute drivers whose blood alcohol content levels exceed 0.17 percent with an elevated charge with harsher penalties.

New fireworks ordinance tracks state law

The Woods’ former fireworks ordinance prohibited a person from possessing, using or exploding different types of fireworks which are now allowed under the state’s new fireworks law. While it was still a valid ordinance outside of the thirty days that the state allows fireworks to be used, the city has repealed ordinance SEC. 28-398 and adopted a new one that reflects the state’s current legislation.

In a statement to the city council, City Attorney Chip Berschback referenced the more than 35 calls made to public safety and the flurry of calls and emails to city administrators about the round-the-clock noise over the 4th of July holiday.

“Contrary to some beliefs, current noise ordinances do not allow the city to prohibit the use of fireworks during the 30 days allowed under state law,” Berschback said.

The new state law, Michigan Fireworks Safety Act, which allows the use of consumer fireworks on ten national holidays and the day before and after, has drawn sharp criticism state-wide due to the all-hours pyrotechnics and accompanying noise.  The law does not provide restrictions on the hours or environments that fireworks can be used.

Berschback said that there is a good chance that the State fireworks law may be amended in some way and this may allow municipalities to regulate in a better manner the hours and locations fireworks may be used.  In that event, Berschback said a new ordinance would need to be adopted by the city.

In an e-mail to Patch, City Administrator Al Fincham said, “Our new ordinance complies to [sic] the new State Law. Based upon the number of complaints across the state, it is likely that the state law will be amended to allow local authority to establish and enforce reasonable time limits and distances from structures etc.”

'Super Drunk' ordinance provides local prosecution and fines

The state’s “Super Drunk” law that went into effect in 2010 gives drivers who are found with a blood alcohol content of 0.17 percent or greater with more serious punishment and a possible jail sentence of up to one year. 

A recent amendment to the state law now allows cities to codify the law under municipal ordinance and take over the prosecution of this offense.

The Woods’ new ordinance, Sec. 42-108, permits the city to prosecute this offense locally and allows fines and related costs to be paid to the city not the State, Berschback said in a written statement.

Violation of the new high blood alcohol content ordinance is a misdemeanor and carries a possible punishment of 360 community service hours, imprisonment of up
to 180 days and a maximum fine of $700.

Both ordinances go into effect 20 days from Monday’s city council meeting or on Sept. 9.



 
Bob Carr August 23, 2012 at 04:05 AM
Drunks and "super-drunks" are dangerous. They are also rather easy targets. But at any given time there are a lot more folks driving while chatting on their cell phones or driving while texting. The research (such as http://news.cnet.com/8301-10784_3-6090342-7.html and others) shows these activities to be as dangerous as driving while drunk. If the Woods is really interested in public safety, they should turn some of their attention in these directions.
GP For Life August 23, 2012 at 12:37 PM
This is just nanny state BS and a thinly veiled attempt at sucking more money out of people. Just propaganda from MADD and the "it's for the children" crowd.
Bob Frapples August 23, 2012 at 01:26 PM
Yeah, both you guys are right (Bob, GPFL) the police need to stop being so tough on these poor drunk drivers, they're not hurting anyone (most of the time) and those mean people over at Mothes Against Drunk Driving are just bullies. If the city raises the fine for the DUI the drunks won't have enough money the fix the damagages to their cars after they smash into light poles and bus stops and that's unfair! (but I agree, texting is just as bad)
lifelong August 23, 2012 at 01:30 PM
GP For Life RIGHT ON!!! It is funny how GP MOMS are all about "it's for the children" but are the first ones with a wine spritzer in there hand at 10 am while the club employees watch the kids.
Lisa C. August 23, 2012 at 02:06 PM
".....permits the city to prosecute this offense locally and allows fines and related costs to be paid to the city not the State"..... really? I always thought the fine money went to the city. Can anyone confirm what other fines go to the state and not the city.
david wade August 23, 2012 at 04:07 PM
Yes, dui/ouil fine money goes to the state, Lisa. This will be like trying to pull blood from a turnip. Its all about the revenue generated and has absolutely nothing to do with upholding law or punishing the bad, awful "drunk" drivers... in the name of the children of course..
GP For Life August 23, 2012 at 06:40 PM
David, it is funny more and more people are starting to see these things for what they are. No one's making the argument that you should drink and drive. It is dangerous, but it is far less dangerous than people make it out to be. I also raise the argument that the prosecution and enforcement of these ordinances is inherently flawed. It's one of only two crimes, I can think of, that requires you to provide the evidence used in your own prosecution without a search warrant. I can go on for hours on this subject. I don't like these laws and view them for what they are - infringements on our civil rights.
Bob Frapples August 23, 2012 at 10:11 PM
Wait til one of you loses a loved one to a drunk driver, maybe you'll see things differently. Maybe then you'll sit at their funeral thinking, "where were the police while this loser was swerving down the road?"

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