Ordinance & Legal Review Committee

UNAPPROVED CITY OF BILLEVILLE SPECIAL MEETING ORDINANCE AND LEGAL REVIEW COMMITTEE 17 JUNE 2013 - 5:30 PM COUNCIL CHAMBERS Members Present: Alderman James Musgrove (Chairman), Alderman Melinda Hult, Alderman Ken Kinsella, Alderman Trent Galentti, and Mayor Mark Eckert It should be noted that we are missing one Alderman from Ward 4, who will be appointed soon by the Mayor, however we did have a quorum. Guests Present: Michael Hagberg Assistant Fire chief / Fire Prevention, J. P. Penet Chairman Musgrove called the meeting to order at 5/30 PM. To start the meeting the guests were allowed to present their comments to the committee. Each guest, before speaking, was to give his name and address. Guest Comments: Michael Hagburg, 701 Centerville Ave, was the first guest speaker. His comment was about the part of the ordinance that gave dates when Fireworks could be discharged. He suggested that the dates be established and remain the same each year to avoid confusion. Assistant Fire Chief , J. P. Penet explained that our current ordinance does not allow people to discharge Fireworks within the city. He further stated that the reason for the proposed change to the Fireworks Ordinance was that the State had passed a law that required all people who wanted to buy Fireworks and discharge them, must attend a training class, and be provided a written permit. He explained that small noise makers like toy pistols and toy guns that fire caps and sparklers are not considered Fireworks. Fireworks are dangerous devices that contain explosives and combustible substances for the purpose of producing an audible effect or visual effect. The large public display of fireworks uses “Pyrotechnics” which are very powerful explosives that require expert supervision and a special permit from the Fire Department. After providing all this information, he said this presents a very difficult problem for the Belleville Fire Department. Without extensive planning and preparation, our Fire Department does not have the manpower to support inspecting the fireworks being sold to verify the safety of the devices, to give the general public training classes, to visit (to approve) the site where each person’s fireworks will be discharged, and finally to prepare and hand out permits to each person that applies for certificate. Approval of Previous Minutes: Chairman Musgrove asked for a motion to approve the Regular Ordinance and Legal Review Committee Meeting Minutes for 14 May 2013. Alderman Ken Kinsella made the motion to  UNAPPROVED approve the Minutes. Motion was seconded by Alderman Melinda Hult. All members present voted Aye. Motion carried. Agenda Item A – Discussion of the suggested revision to the Fireworks Ordinance, Section 30-1-15 FIREWORKS. Mayor Mark Eckert started the discussion by stating that it has become obvious that, at this time, we do not have the manpower available to fully implement all of the requirements directed by the changes from the State. When the decision was made to update our City Fireworks Ordinance the idea seemed to be the correct action to take. However, after full investigation by our City Attorney, the complexity of the State required changes became apparent. They are requiring that the Fireworks be checked to verify the correct size and type of explosive has been used, that the location (private yard or field) be inspected for safety where the Fireworks device(s) will be discharged, that the person purchasing the Fireworks has been properly trained by the City, that a Certificate has been provided to the individual, and that the person from whom the Fireworks will be purchased has checked the identification and certification of the individual buying the Fireworks. The requirements appear to be cumbersome, excessive and difficult, if not , impossible to police. The question was asked what other cities in the area are doing about these changes. The answer was that none of them, that we know of, are offering the training. It was also mentioned that some of the parents today do not use good judgment. Next, it was asked what we will do if people go to a neighbor state to buy Fireworks. Will they get into trouble? The answer was yes they could be given a ticket. It was suggested that we do not change our Fireworks Ordinance at this time. That we continue to sell only “Novelty” Fireworks. At first a motion was made by Alderman Ken Kinsella to DENY the proposed Change to Ordinance 30-1-15, however the motion failed due to the lack of a Second. Then a motion was made by Alderman Melinda Hult to TABLE the Change. This was changed by Alderman Trent Galetti, to a motion to TABLE INDEFINITELY. Alderman Melinda Hult accepted the change to TABLE INDEFINITELY. This motion was seconded by Alderman Trent Galetti. All members present voted Aye, Motion passed. Chairman Adjourns the Meeting Chairman Musgrove asked for a motion to Adjourn. Motion was made by Alderman Melinda Hult, Seconded by Alderman Trent Galetti, all present voted Aye, motion passed. Meeting was adjourned at 6:01 P. M. Respectfully Submitted by Alderman James Musgrove, Chairman