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Fireworks complaints exploding, but police say enforcement is difficult - Battle Creek Enquirer

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Andrea Nessel says the fireworks in her Battle Creek neighborhood are constant.

"This year we have had fireworks every night since Memorial Day," Nessel, who lives in the Merritt Commons neighborhood on the city's northeast side, said on Tuesday. "It is just constant every night. It is very difficult if you have young kids or work or have dogs."

Complaints about fireworks are a constant for many police departments, and the problem only seems to have grown worse.

Nessel said she and neighbors have called to report the use of fireworks, which is a violation of Michigan law and Battle Creek's fireworks ordinance, which defines dates when residents can use fireworks inside the city. The next period during which they'll be allowed starts after 11 a.m. on June 29 and runs to 11:45 p.m. on July 4.

Battle Creek Police Chief Jim Blocker said he understands the frustration from residents but said without community support and a change in Michigan's law, the problem won't go away.

"We are just as frustrated as the community," he said Tuesday. "We will support them when we can but we need community support."

Nessel said she tries to provide addresses where the fireworks are used but understands the difficulty police have finding the violators.

"We will call, and, when the police get there, they are not doing it.

"I would like to see more police patrols where they are getting calls from," she said. "And I really wish the city would start talking to other cities that have been able to resolve the problem and have a conversation about how they are doing it.

Blocker said fireworks, as irritating as they are, are not a top priority when officers have calls about crimes against people and property. On one recent night between 9 p.m. and 11 p.m. when people were complaining about fireworks, officers in the city had 26 calls for service with a higher priority, he said. 

"With our limited number of officers on the road, we have 60 percent of what we had a year ago." 

And he said the nature of fireworks complaints make investigations difficult. People who complain and who might have specific information don't want to be contacted by police so officers are left to search for the location of the fireworks and the people igniting them.

"Talk to us and let us know," he said. "Without a complainant, we can't prove who did it."

He said people can file complaints on the department's website, and, if they provide some video, it could be evidence officers can use.

"If you don't give me anything and everyone is upset but I don't know who did it, then who do I write a ticket to?" he said.

Ken Cunningham, director of public safety in Emmett Township, said his officers have the same problem of people calling to complain but not wanting to talk to the officers and so the officers have no evidence to find who is lighting the fireworks..

"If no one wants to be a complainant we will check the area and warn people," he said.

Blocker said the legislature agreed in 2011 to allow fireworks in Michigan and the solution is in Lansing.

"The state allows them and law enforcement can't fix this. I would go back to the ban."

The state did increase fines for illegal fireworks and officers can write tickets for $1,000 for each violation. Half of the money goes to the state and half to the department.

"Giving a higher penalty is not the solution, he said. "We can write the tickets but winning them is another problem."

Officials said they expect the problem to be worse than other years.

"All of the professional displays are cancelled and there is nowhere to go see fireworks," Lt. Tony Geigle at Emmett Township said. "More people are going to have their own little displays and I think it is going to sound like a war zone."

And Blocker agrees.

"People have money and they haven't gone anywhere and there are no displays so this is it for us this summer. People need to understand that we want to address it but they need to brace themselves.

"You have this problem and if the community doesn't like it then tell the legislature to change the law.

Legal fireworks dates

Michigan law allows fireworks to be set off on the following dates:

• Dec. 31 after 11 a.m. until 1 a.m. on Jan. 1.

• After 11 a.m. on Saturday and Sunday before Memorial Day until 11:45 p.m. each day.

• June 29 after 11 a.m. until July 4 at 11:45 p.m. each day and until July 5 if that day is on Friday or Saturday.

• From 11 a.m. on Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

Contact Trace Christenson at 269-966-0685 or tchrist@battlecreekenquirer.com. Follow him on Twitter: @TSChristenson

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