AGENDA Committee On Public Safety

AGENDA Committee on Public Safety
City Council Conference Room, 10th Floor, City Hall Tuesday, March 16, 2010 -12:45 p.m.

Councilmember Carol Wood, Chair Councilmember Eric Hewitt, Vice Chair Councilmember Jessica Yorko, Member

I. Call To Order
II. Roll Call
m. Approval of Minutes
• March 9,2010
IV. Public Comment
V. Discussion! Action: 1. Discussion on Properties Within the Make Safe or Demolish Process

2. Letter of Resignation from Mark Hiaeshutter from the Lansing Demolition Board

3. Update on the Police Radio Expenses

4. Fireworks Ordinance

5. Ordinance Requiring the Provision of Parking for Cabaret Patrons

6. Ordinance Restricting Hours During Which Ice Cream Peddlers May Operate

4. Receipt of Communications

5. Other

6. Adjourn

7. Pending

• Fireworks Ordinance

• Noise Ordinance

• Underground Storage Tanks Regulations EPA Funding Grants

• Walter Brown U ofM and MSU- Surveillance Cameras

• Letter from Students of Dwight Rich Middle School Regarding the G.R.E.A.T. Program

• Letter from Andrea Perkowski Regarding Roundabouts

* Supporting documentation not found in the Packet may be provided at the meeting

This is a formal notification of my resignation as a board member of the Lansing Demolition Board. I will be moving out of the Lansing area and as such will be unable to participate as a board member.

Demolition Board

Laura Walker Administrative Secretary Office of Code Compliance

08/28/2009

Thank you for your consideration in this matter.

. From the 3-8-10 Council Meeting Packet

Sincerely,

,

i REFERRED TO THE COMMITTEE ON : PUBLIC SAFETY.

9vlar~J-liaesliutter

Mark Hiaeshutter

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A RESOLUTION#045

, ,

BY THE COJVllv1ITTEE ON INTERGOVERNMENTAL RELATIONS

RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANSING

WHEREAs, the Committee of the Whole in a series of meetings in, June of 2007 took testimony from a number of police officers, fire fighters,' and 911 operators on the deficiencies in the Ingham County 911 Radio System; and

WHEREAS, the Lansing City Council has held meetings with the Ingham County Board of Commissioners to voice their concern for the safety of the public and the public safety officers for the City of Lansing; and

WHEREAS, on July 2,2007, the Lansing City Council appropriated $100,000 from the 2006 Homeland Security grant to match funding of $200,000 from Ingham County 911 funds and $100,000 comingfrom Ingham County to fix the radio system based on the recommendations of MfA-COM, Inc., the vendor for the system; and

WHEREAS, to ensure the safety of the officers and the public, the Lansing City Police Department staffed two officers in vehicles to patrol the Southside since June of 2007, which has createdstaffing and overtime issues; and

WHEREAS, Jeff KIudy, Lansing Police Department's Radio Technician has spent countless hours switching out microphones, software, and trying to isolate problems beyond what is required to bring a new system online; and '

WHEREAS, the Intergovernmental Relations Committee held a meeting on February 13, 2008 with Ingham Country Controller Matt Myers and Deputy Controller John Neilsen; and

WHEREAS, the Committe.e was informed that Ingham County would be paying an additional $400,000 for equipment needed to be installed at the location of the new antenna in order for the equipment to function properly. It was stated that all repairs and fixes to the system should be concluded by July 1st, 2008;

NOW, THEREFORE, BE IT RESOLVED that the Lansing City Council is extremely dissatisfied and frustrated with the service and equipment supplied' by MfA-COM, Inc. and the resulting harm and risk caused to our public safety officers and members of the

public; - ,

BE IT FURTHERRESOLVED that the Lansing City CouiJ.~il demands MfA-COM, Illc. pay the City of Lansing for its actual costs related to MfA-COM's failure' being: 9,000 shift hours at $26.74 per hour for a cost of $240,674.40 and 200 hours for two radio technicians with an additional 50 hours each in overtime for a cost of $15,061.50, resulting in a total cost of $255,735.90;

BE IT FURTHER RESOLVED that the Lansing City Council directs the City Attorney's office to review this matter and report back to City Council all potential legal options to recover the costs described above;

.)

"

,

BE'IT FINALLY RESOLVED that the Lansing 'City Council requests the City Clerk to forward this resolution on the Ingham County Board of Commissioners and 911 Advisory Board.

, By Councilmember Robinson

To amend the fourth ''WHEREAS'' clause by striking "2006" and Inserting "2007" Motion Carried '

By Councilmember Robinson

To place an affirmative roll on the amended Resolution Motion Carried

September 23, 2008

Memorandum

Capt. Teresa Szymanski Lansing Pollce·Department . Soutii"Precfuct

34Qp S. c~4¥'st.

Lansing, .M! 48910 517-272-7452

To: Chief Mark Alley

From:

Date:

Re:

Captain Teresa Szymanski September 22, 2008 Southwest Radio Site Expense

Data was collected from February - September 2008 to determine how many . man-hours were spent staffing. the Team Areas on the Westside of the South Precinct's patrol area. The Team Areas had to have two Officers, per patrol vehicle as a result of the poor radio coveraqe coming from the Southwest site to address officer safety concerns.

The average Patrol Officer has an hourly wage of $25.81. Since the Team Area is already staffed by one Officer, the staffing of an additional Officer for 618, tenhour shifts costs approximately ·$159,505.80.

Chief Radio Technician Jeff Kludy has an hourly rate of $31.29. Technician Kludy spent a total of 50 hours addressing concerns with the Southwest radio site for a total of $1 ,564.50.

The total expense of Technician Kludy's hours and hours spent with additional patrol staffing totals·$161,070.30.

PUBLIC SAFETY COMMITTEE WORKING DRAFT #1 MARCH2,2010

1 ORDINANCE NO. _

2 AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO REPEAL

3 CHAPTER 1615 OF THE LANSING CODIFIED ORDINANCES AND ADD A NEW

4 CHAPTER 1615, TO ALIGN ITS PROVISIONS WITH THOSE OF THE MICHIGAN PENAL

5 CODE FIREWORKS CHAPTER, TO ALLOW FOR ISSUANCE OF PERMITS FOR RETAIL

6 SALE FOR THREE MONTHS OR FOR ONE YEAR, AND TO CLARIFY WHEN

7 INSPECTIONS OF RETAIL SALE PERMITTEES WILL BE CONDUCTED.

8 THE CITY OF LANSING ORDAINS:

9 Section 1. That Chapter 1615 of the Codified Ordinances of the City of Lansing,

10 Michigan, be and is hereby added to read as follows:

11 CHAPTER 1615. FIREWORKS ORDINANCE

12 1615.01. PURPOSE

13 THE PURPOSE OF THIS CHAPTER IS TO PRESERVE THE PUBLIC HEALTH, SAFETY,

14 AND WELFARE BY ESTABLISHING REGULATIONS FOR THE USE, POSSESSION,

15 SALE, STORAGE, AND TRANSPORTATION OF FIREWORKS WITHIN THE CITY.

16 1615.02. DEFINITIONS

17 AS USED IN THIS CHAPTER:

18 FIRE MARSHAL MEANS THE LANSING FIRE MARSHAL OR HIS OR HER DESIGNEE.

19 FIREWORKS MEANS "FIREWORKS" AS DEFINED IN MCL 750.243a(1)(a).

20 PRINCIPAL OWNER MEANS A PERSON WITH AT LEAST A 20% OWNERSHIP

21 INTEREST IN AN ENTITY.

22 1615.03. MANUFACTURE OF FIREWORKS PROHIBITED

23 THE MANUFACTURE OF FIREWORKS WITHIN THE CITY IS PROHIBITED.

1

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PUBLIC SAFETY COMMITTEE WORKING DRAFT #1 MARCH 2,2010

1 1615.04. GENERAL PROHIBITIONS

2 (a) NO PERSON SHALL PURCHASE, SELL, OFFER FOR SALE, POSSESS, TRANSPORT,

3 OR USE ANY FIREWORKS EXCEPT AS PERMITTED BY THIS CHAPTER AND IN

4 COMPLIANCE WITH STATE AND FEDERAL LAW.

5 (b) ANY FIREWORKS PURCHASED, SOLD, OFFERED FOR SALE, POSSESSED,

6 TRANSPORTED, OR USED IN VIOLATION OF THIS CHAPTER ARE CONTRABAND.

7 (c) PERSONS EIGHTEEN YEARS OF AGE OR OLDER MAY PURCHASE, POSSESS, OR

8 USE UP TO A TOTAL OF TEN POUNDS OF ANY COMBINATION OF THE FOLLOWING:

'"

9 (1) FLAT PAPER CAPS CONTAINING NOT MORE THAN .25 OF A GRAIN OF

10 EXPLOSIVE CONTENT PER CAP, IN PACKAGES LABELED TO INDICATE THE

11 MAXIMUM EXPLOSIVE CONTENT PER CAP.

12 (2) TOY PISTOLS, TOY CANNONS, TOY CANES, TOY TRICK NOISE MAKERS, AND

13 TOYGUNS OF A TYPE APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF

14 STATE POLICE IN WHICH PAPER CAPS DESCRIBED IN SUBSECTION (1) ARE USED

15 AND WHICH ARE SO CONSTRUCTED THAT THE HAND CANNOT COME IN

16 CONTACT WITH THE CAP WHEN IN PLACE FOR THE EXPLOSION AND WHICH ARE

17 NOT DESIGNED TO BREAK APART OR BE SEPARATED SO AS TO FORM A MISSILE

18 BY THE EXPLOSION.

19 (3) SPARKLERS CONTAINING NOT MORE THAN .0125 POUNDS OF BURNING

20 PORTION PER SPARKLER.

21 (4) FLITTER SPARKLERS IN PAPER TUBES NOT EXCEEDING 118 INCH IN

22 DIAMETER, CONE FOUNTAINS, AND CYLINDER FOUNTAINS.

2

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PUBLIC SAFETY COMMITTEE WORKING DRAFT #1 MARCH 2, 2010

1 (5) TOY SNAKES NOT CONTAINING MERCURY, IF PACKED IN CARDBOARD BOXES

2 WITH NOT MORE THAN 12 PIECES PER BOX FOR RETAIL SALE AND IF THE

3 MANUFACTURER'S NAME AND THE QUANTITY CONTAINED IN EACH BOX ARE

4 PRINTED ON THE BOX; AND TOY SMOKE DEVICES.

5 (6) SIGNAL FLARES OF A TYPE APPROVED BY THE DIRECTOR OF THE

6 DEPARTMENT OF STATE POLICE; BLANK CARTRIDGES OR BLANK CARTRIDGE

7 PISTOLS SPECIFICALLY FOR A SHOW OR THEATER, FOR THE TRAINING OR

8 EXHIBITING OF DOGS, FOR SIGNAL PURPOSES IN ATHLETIC SPORTS, FOR USE BY

9 MILITARY ORGANIZATIONS.

1 0 (d) FOR EMERGENCY SIGNAL PURPOSES, RAILROADS MAY USE THOSE

11 FIREWORKS PERMITTED FOR SUCH USE BY MCL 750.243a(f).

12 (e) PERSONS UNDER TWELVE YEARS OF AGE BEING DIRECTLY SUPERVISED BY A

13 PARENT OR ADULT GUARDIAN; AND PERSONS BETWEEN THE AGES OF TWELVE

14 YEARS AND EIGHTEEN YEARS MAY POSSESS OR USE UP TO A TOTAL OF TEN

15 POUNDS OF ANY COMBINATION OF THE FOLLOWING:

16 (1) FLAT PAPER CAPS CONTAINING NOT MORE THAN .25 OF A GRAIN OF

17 EXPLOSIVE CONTENT PER CAP, IN PACKAGES LABELED TO INDICATE THE

18 MAXIMUM EXPLOSIVE CONTENT PER CAP.

19 (2) SPARKLERS CONTAINING NOT MORE THAN .0125 POUNDS OF BURNING

20 PORTION PER SPARKLER.

21 (3) FLITTER SPARKLERS IN PAPER TUBES NOT EXCEEDING 1/8 INCH IN

22 DIAMETER, CONE FOUNTAINS, AND CYLINDER FOUNTAINS.

3

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1 (4) TOY SNAKES NOT CONTAINING MERCURY, IF PACKED IN CARDBOARD BOXES

2 WITH NOT MORE THAN 12 PIECES PER BOX FOR RETAIL SALE AND IF THE

3 MANUFACTURER'S NAME AND THE QUANTITY CONTAINED IN EACH BOX ARE

4 PRINTED ON THE BOX; AND TOY SMOKE DEVICES.

5 (f) THIS CHAPTER DOES NOT PROHIBIT THROUGH SHIPMENTS OF FIREWORKS

6 THAT: (1) COMPLY WITH STATE AND FEDERAL LAW, (2) DO NOT ORIGINATE IN

7 THE CITY, AND (3) ARE NOT OPENED IN THE CITY.

8 1615.05. WHOLESALE PERMITS

9 (a) NO PERSON SHALL SELL OR OFFER TO SELL WHOLESALE FIREWORKS

10 WITHOUT FIRST HAVING A VALID PERMIT. A PERMIT MAY BE ISSUED UNDER

11 THIS SECTION FOR A TERM OF ONE YEAR. COUNCIL MAY ESTABLISH, BY

12 RESOLUTION, APPROPRIATE FEES FOR PERMITS ISSUED UNDER THIS SECTION.

13 (b) APPLICATION FOR SUCH A PERMIT MUST BE MADE IN WRITING, TO THE CITY

14 CLERK, AT LEAST 45 DAYS BEFORE THE APPLICANT PLANS TO ENGAGE IN THE

15 WHOLESALE SALE OF FIREWORKS OR BEFORE AN EXISTING PERMIT EXPIRES.

16 THE APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:

17 (1) A NON-REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL

18 RESOLUTION.

19 (2) PROOF OF INSURANCE COVERAGE OR BONDING IN THE MINIMUM AMOUNT

20 OF $500,000 PER OCCURRENCE FOR DAMAGES TO PREMISES OR VEHICLES AND

21 FOR PUBLIC LIABILITY.

22 (3) IDENTIFICATION OF THE PREMISES WHERE FIREWORKS ARE TO BE SOLD, THE

23 LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO BE SOLD, THE

4

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1 LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO BE STORED, THE NAME

2 OF THE OWNER OF THE PREMISES, THE NAME OF ANY BUSINESS OPERATED ON

3 THE PREMISES AND THE NAME OF ITS OPERATOR, AND THE NAME OF ALL

4 PERSONS WHO WILL SELL THE FIREWORKS.

5 (4) DISCLOSURE OF ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A

6 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL

7 UNIT OF GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF

8 FIREWORKS BY THE APPLICANT, ANY PRINCIPAL OWNER OF THE APPLICANT,

9 THE PERSON RESPONSIBLE FOR SUPERVISION OF THE STORAGE BUILDING, OR

10 ANY PERSON WHO WILL SELL THE FIREWORKS.

11 (5) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY PRINCIPAL OWNER

12 OF THE APPLICANT IS IN DEFAULT TO THE CITY.

13 (6) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY

14 CLERK, THE FIRE MARSHAL, THE CITY ATTORNEY, OR THE POLICE DEPARTMENT

15 TO COMPLETE AN INVESTIGATION OF THE APPLICANT.

16 (c) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,

17 THE FIRE MARSHAL, THE POLICE DEPARTMENT, THE BUILDING SAFETY OFFICE,

18 AND THE CITY TREASURER FOR APPROVAL.

19 (d) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:

20 (1) INSPECT THE LOCATION OF THE STORAGE BUILDING FOR COMPLIANCE WITH

21 THE REQUIREMENTS OF MCL 750.243d.

22 (2) CONFIRM THAT NEITHER THE APPLICANT, THE PERSON RESPONSIBLE FOR

23 SUPERVISION OF THE STORAGE BUILDING, NOR ANY PERSON WHO WILL SELL

5

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1 THE FIREWORKS IS UNDER EIGHTEEN YEARS OF AGE; AND THAT ALL SUCH

2 PERSONS ARE OTHERWISE COMPETENT FOR THEIR DUTIES.

3 (e) IF ALL THE PERSONS AND DEPARTMENTS NAMED IN SUBSECTION (c)

4 APPROVE THE APPLICATION IN WRITING, THE APPLICATION SHALL BE

5 REFERRED TO CITY COUNCIL FOR APPROVAL. THE FIRE MARSHAL OR THE CITY

6 ATTORNEY MAY IMPOSE ADDITIONAL REASONABLE LIMITATIONS OR

7 REQUIREMENTS ON THE PERMITTEE AND MAY CONDITION APPROVAL OF THE

8 APPLICATION ON SUCH LIMITATIONS OR REQUIREMENTS.

9 (f) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.

10 (g) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED

11 TO BE CONTAINED ON AN APPLICATION UNDER THIS SECTION TO THE CITY

12 CLERK WITHIN 10 DAYS OF THE CHANGE.

13 1615.06. FIREWORKS DISPLAY PERMITS

14 (a) NO PERSON SHALL SPONSOR A DISPLAY OF FIREWORKS NOT LISTED IN

15 SECTION 1615.04(c)(1)-(6) WITHOUT FIRST HAVING A VALID PERMIT. COUNCIL

16 MAY ESTABLISH, BY RESOLUTION, APPROPRIATE FEES FOR PERMITS ISSUED

17 UNDER THIS SECTION.


19 CLERK, AT LEAST 15 DAYS BEFORE THE PROPOSED DATE OF THE DISPLAY. THE

20 APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:

21 (1) A NON-REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL

22 RESOLUTION.

6

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PUBLIC SAFETY COMMITTEE WORKING DRAFT #1

MARCH 2, 2010

1 (2) PROOF OF A BOND, AN INSURANCE POLICY NAMING THE CITY AS CO-

2 INSURED, OR A COMBINATION OF BOTH, AVAILABLE FOR THE PAYMENT OF ANY

3 DAMAGES ARISING OUT OF AN ACT OR OMISSION OF THE PERMITTEE OR HIS

4 AGENTS, EMPLOYEES, OR SUBCONTRACTORS, COVERING THE FOLLOWING: (A)

5 AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) OF PROPERTY

6 DAMAGE; AND (B) AT LEAST FIVE HUNDRED THOUSAND DOLLARS ($500,000) FOR

7 INJURY TO ONE PERSON AND ONE MILLION DOLLARS ($1,000,000) FOR INJURY TO

8 TWO OR MORE PERSONS RESULTING FROM THE SAME OCCURRENCE.

9 (3) THE NAME OF ALL PERSONS WHO WILL OPERATE THE DISPLAY, THEIR AGE, A

10 DESCRIPTION OF THEIR RELEVANT EXPERIENCE, AND COPIES OF THEIR

11 MICHIGAN DRIVER'S LICENSES.

12 (4) THE PROPOSED DATE, TIME, AND EXACT LOCATION OF THE DISPLAY.

13 (5) A DESCRIPTION OF THE TYPE AND QUANTITY OF FIREWORKS TO BE USED IN

14 THE DISPLAY.

15 (6) THE MANNER AND LOCATION OF THE STORAGE OF THE FIREWORKS PRIOR

16 TO THE DISPLAY.


18 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE OR ANY LOCAL


20 FIREWORKS BY THE APPLICANT, ANY PRINCIPAL OWNER OF THE APPLICANT, OR

21 ANY PERSON WHO WILL OPERATE THE DISPLAY.



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1 (9) IF THE APPLICANT IS A NONRESIDENT PERSON, FIRM, OR CORPORATION,

2 WRITTEN APPOINTMENT OF A RESIDENT AGENT TO SERVE AS LEGAL

3 REPRESENTATIVE UPON WHOM ALL PROCESS IN AN ACTION OR PROCEEDING

4 AGAINST THE PERSON, FIRM, OR CORPORATION MAY BE SERVED.

5· (10) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY



8 (c) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,

9 THE FIRE MARSHAL, THE POLICE DEPARTMENT, AND THE CITY TREASURER FOR

1 0 APPROVAL.

11 (d) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:

12 (1) INSPECT THE LOCATION OF THE PROPOSED DISPLAY TO CONFIRM THAT IT IS

13 NOT WITHIN TWO HUNDRED FEET OF ANY DWELLING OR OTHER STRUCTURE

14 USED AS A RESIDENCE AND THAT IT IS OTHERWISE A SAFE AND PROPER

15 LOCATION FOR THE DISPLAY.

16 (2) CONFIRM THAT THE TIME AND OTHER SAFETY ASPECTS OF THE DISPLAY

17 ARE SATISFACTORY.

18 (3) EXAMINE THE FIREWORKS PROPOSED TO BE USED IN THE DISPLAY.

19 (4) CONFIRM THAT THE PERMIT IS NOT BEING ISSUED TO A PERSON UNDER THE

20 AGE OF EIGHTEEN AND THAT ANY PERSON WHO WILL OPERATE THE DISPLAY IS

21 NOT UNDER THE AGE OF EIGHTEEN AND IS OTHERWISE COMPETENT TO

22 PERFORM THE DISPLAY IN A MANNER THAT IS NOT HAZARDOUS TO PROPERTY

8

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1 AND DOES NOT ENDANGER ANY PERSON, BASED ON THE QUALIFICATIONS

2 DESCRIBED IN THE APPLICATION.

3 (e) IF ALL THE PERSONS AND DEPARTMENTS LISTED IN SUBSECTION (c)




7 REQUIREMENTS ON THE PERMITTEE AND CONDITION APPROVAL OF THE


9 (f) ANY PERSON WITH A VALID DISPLAY PERMIT MAY PURCHASE, POSSESS, USE,

10 AND TRANSPORT FIREWORKS FOR PURPOSES RELATED TO THE DISPLAY FOR

11 WHICH THE PERMIT HAS BEEN GRANTED.

12 (g) THE FIRE MARSHALL SHALL HAVE THE RIGHT TO BE PRESENT AT ANY

13 DISPLAY FOR WHICH THIS SECTION REQUIRES A PERMIT. THE FIRE MARSHALL

14 SHALL ALSO HAVE THE RIGHT TO TERMINATE ANY DISPLAY (1) THAT IS NOT

15 CONDUCTED IN STRICT COMPLIANCE WITH ANY REPRESENTATIONS MADE ON A

16 PERMIT APPLICATION AND WITH A PERMIT ISSUED UNDER THIS SECTION, OR (2)

17 THAT IS CONDUCTED IN A MANNER THAT IS HAZARDOUS TO PROPERTY OR

18 THAT ENDANGERS ANY PERSON.

19 (h) ANY PERSON TRANSPORTING FIREWORKS WITHIN THE CITY FOR THE

20 PURPOSE OF A DISPLAY FOR WHICH A PERMIT HAS BEEN ISSUED MUST CARRY A

21 COPY OF THE PERMIT AT ALL TIMES WHILE THE FIREWORKS ARE BEING

22 TRANSPORTED AND MAY ONLY TRANSPORT SUCH FIREWORKS DURING THE

9

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1 FOUR DAYS PRECEDING THE DATE OF THE DISPLAY FOR WHICH THE PERMIT

2 HAS BEEN ISSUED AND IN COMPLIANCE WITH MCL 750.243c.

3 (i) FIREWORKS LISTED ON A DISPLAY PERMIT MAY BE STORED IN THE CITY

4 DURING THE FOUR DAYS PRECEDING THE DATE OF THE DISPLAY, IN THE

5 MANNER DESCRIBED ON THE PERMIT APPLICATION OR AS OTHERWISE AGREED

6 UPON, IN WRITING, BY THE FIRE MARSHAL AND THE APPLICANT.

7 G) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.

8 (k) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED


10 CLERK WITHIN 10 DAYS OF THE CHANGE.

11 1615.07. RETAIL PERMITS

12 (a) NO PERSON SHALL SELL AT RETAIL, OFFER FOR RETAIL SALE, OR EXPOSE

13 FOR RETAIL SALE ANY FIREWORKS WITHOUT FIRST HAVING A VALID PERMIT. A

14 PERMIT MAY BE ISSUED UNDER THIS SECTION FOR A TERM OF THREE MONTHS

15 OR FOR A TERM OF ONE YEAR. COUNCIL MAY ESTABLISH, BY RESOLUTION,

16 APPROPRIATE FEES FOR EACH TYPE OF PERMIT ISSUED UNDER THIS SECTION.


18 CLERK, AT LEAST 45 DAYS BEFORE THE APPLICANT PLANS TO ENGAGE IN THE

19 RETAIL SALE OF FIREWORKS OR BEFORE AN EXISTING PERMIT EXPIRES. THE

20 APPLICATION SHALL CONTAIN ALL OF THE FOLLOWING:

21 (1) IDENTIFICATION OF THE TYPE OF PERMIT FOR WHICH THE APPLICATION IS

22 BEING FILED (THREE-MONTH OR ONE-YEAR) AND THE CORRESPONDING NON-

23 REFUNDABLE PERMIT FEE IN THE AMOUNT SET BY COUNCIL RESOLUTION.

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1 (2) PROOF OF INSURANCE COVERAGE OR BONDING IN THE MINIMUM AMOUNT

2 OF $500,000 PER OCCURRENCE FOR DAMAGES TO PREMISES OR VEHICLES AND

3 FOR PUBLIC LIABILITY.

4 (3) IDENTIFICATION OF THE PREMISES WHERE FIREWORKS ARE TO BE SOLD,

5 THE LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO BE SOLD, THE

6 LOCATION ON THE PREMISES WHERE FIREWORKS ARE TO BE STORED, THE NAME

7 OF THE OWNER OF THE PREMISES, AND THE NAME OF ANY BUSINESS LOCATED

8 ON THE PREMISES AND THE NAME OF ITS OPERATOR.


10 VIOLATION OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL


12 FIREWORKS BY THE APPLICANT OR ANY PRINCIPAL OWNER OF THE APPLICANT.



15 (6) ANY OTHER ITEM OR INFORMATION DEEMED NECESSARY BY THE CITY



18 (c) IF SALES ARE TO BE CONDUCTED FROM A TENT, ROADSIDE STAND, OR

19 OTHER NON-PERMANENT STRUCTURE, A PEDDLER'S OR TRANSIENT

20 MERCHANT'S LICENSE MUST ALSO BE OBTAINED.

21 (d) THE CITY CLERK SHALL REFER THE APPLICATION TO THE CITY ATTORNEY,

22 THE FIRE MARSHALL, THE POLICE DEPARTMENT, AND THE CITY TREASURER FOR

23 APPROVAL.

11

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MARCH 2, 2010

1 (e) BEFORE APPROVING THE APPLICATION, THE FIRE MARSHAL SHALL:

2 (1) INSPECT THE PROPOSED PREMISES TO DETERMINE THAT THEY ARE A SAFE

3 PLACE TO STORE AND SELL FIREWORKS.

4 (2) CONFIRM THAT NEITHER THE APPLICANT NOR ANY PERSON WHO WILL SELL

5 THE FIREWORKS IS UNDER 18 YEARS OF AGE.

6 (t) IF ALL THE PERSONS AND DEPARTMENTS LISTED IN SUBSECTION (d)




10 REQUIREMENTS ON THE PERMITTEE AND CONDITION APPROVAL OF THE


12 (g) NO MORE THAN TWO THOUSAND (2000) POUNDS OF GROSS WEIGHT OF

13 FIREWORKS SHALL BE PRESENT ON THE ENTIRE PREMISES FOR WHICH A PERMIT

14 HAS BEEN ISSUED UNDER THIS SECTION.

15 (h) OFFICIALS OF THE BUILDING SAFETY OFFICE, THE FIRE DEPARTMENT, OR

16 THE POLICE DEPARTMENT ARE AUTHORIZED TO CONDUCT INSPECTIONS ON

17 ANY PREMISES WHERE FIREWORKS ARE SOLD AT RETAIL. INSPECTIONS SHALL

18 BE CONDUCTED IN THE MANNER BEST CALCULATED TO SECURE COMPLIANCE

19 WITH THIS CHAPTER AND THE APPROPRIATE NEEDS OF THE CITY.

20 (i) WITHOUT A WARRANT, THE INDIVIDUALS AUTHORIZED IN SUBSECTION (h)

21 MAY:

22 (1) INSPECT ANY AREA OPEN TO THE PUBLIC DURING NORMAL BUSINESS HOURS

23 WITHOUT GIVING NOTICE OR SEEKING CONSENT;

12

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MARCH 2, 2010

1 (2) INSPECT ANY AREA NOT OPEN TO THE PUBLIC, WITH CONSENT; OR

2 (3) INSPECT ANY AREA, WITHOUT CONSENT, IF EXIGENT CIRCUMSTANCES ARE

3 PRESENT.

4 0)' IF NONE OF THE CIRCUMSTANCES LISTED IN SUBSECTION (i) EXIST, THE

5 INDIVIDUALS AUTHORIZED IN SUBSECTION (h) MAY SEEK A WARRANT ON ANY

6 OF THE FOLLOWING BASES:

7 (1) SELECTION OF THE PERMITTED PREMISES PURSUANT TO A GENERAL

8 ADMINISTRATIVE PLAN DEVELOPED BY THE FIRE DEPARTMENT AND USING

9 NEUTRAL CRITERIA. SUCH NEUTRAL CRITERIA MAY INCLUDE THE HISTORY OF

10 VIOLATIONS OF THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL


12 FIREWORKS COMMITTED BY THE PERMITTEE OR ANY PRINCIPAL OWNER OF THE

13 PERMITTEE.

14 (2) SPECIFIC EVIDENCE OF AN EXISTING VIOLATION OF THIS CHAPTER.

15 (3) ANY OTHER BASIS FOR WHICH THE STATE AND FEDERAL CONSTITUTIONS

16 PERMIT A SEARCH WARRANT TO BE ISSUED.

17 (k) A PERMIT ISSUED UNDER THIS SECTION IS NOT TRANSFERABLE.

18 (1) A PERMITTEE SHALL REPORT ANY CHANGE IN THE INFORMATION REQUIRED


20 CLERK WITHIN 1 0 DAYS OF THE CHANGE.

21 1615.08. ENFORCEMENT

22 (a) ALL SWORN MEMBERS OF THE LANSING POLICE DEPARTMENT, THE FIRE

23 MARSHAL, AND ALL FIRE INSPECTORS ARE HEREBY DESIGNATED AS

13

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1 AUTHORIZED CITY OFFICIALS FOR PURPOSES OF ENFORCING THIS CHAPTER. IN

2 ENFORCING THIS CHAPTER, THE FIRE MARSHALL AND ALL FIRE INSPECTORS

3 SHALL HAVE THE ENFORCEMENT POWERS OF A LAW ENFORCEMENT OFFICER.

4 (b) ANY MEMBER OF THE FIRE DEPARTMENT OR THE POLICE DEPARTMENT MAY

5 CONFISCATE ANY FIREWORKS FOUND WITHIN THE CITY IN VIOLATION OF STATE

6 OR FEDERAL LAW OR ANY OF THE CODIFIED ORDINANCES OF THE CITY OF

7 LANSING. NOTICE THAT THE FIREWORKS WILL BE FORFEITED UNLESS A CLAIM

8 FOR THEIR RETURN IS FILED WITHIN TWENTY (20) DAYS SHALL BE GIVEN BY (1)

. (

9 ORAL NOTICE TO A PERSON IN WHOSE POSSESSION THE FIREWORKS ARE FOUND;

10 OR (2) IF NO PERSON IS PRESENT AT THE BUILDING OR VEHICLE IN WHICH THE

11 FIREWORKS ARE FOUND, AFFIXING WRITTEN NOTICE TO THE BUILDING OR

12 VEHICLE.

13 (c) IF A VALID DISPLAY PERMIT IS PRESENTED WITHIN TWELVE HOURS OF THE

14 SEIZURE, THE FIREWORKS SHALL BE RETURNED TO THE PERMITTEE

15 IMMEDIATELY.

16 (d) ANY PERSON CLAIMING LAWFUL POSSESSION OF SEIZED FIREWORKS MAY

17. FILE A CLAIM FOR THEIR RETURN WITH THE CITY ATTORNEY, IN WRITING. ANY

18 SUCH CLAIM MUST STATE THE CLAIMANT'S GROUNDS FOR LAWFUL

19 POSSESSION. THE CLAIMANT MUST ALSO GIVE A BOND IN WHICHEVER OF THE

20 FOLLOWING TWO AMOUNTS IS GREATER: (1) TWO HUNDRED AND FIFTY

21 DOLLARS; OR (2) TEN PERCENT OF THE VALUE OF THE SEIZED FIREWORKS, UP TO

22 FIVE THOUSAND DOLLARS. THE BOND SHALL GUARANTEE PAYMENT OF THE

23 COSTS AND EXPENSES OF ANY FORFEITURE PROCEEDING IF THE PROPERTY IS

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1


ORDERED FORFEIT. THE CITY MAY REQUIRE THAT THE BOND BE GUARANTEED

BY SURETIES THAT MEET ITS APPROVAL.

2

3

(e) UPON RECEIPT OF A CLAIM AND THE BOND REQUIRED BY SUBSECTION (d), THE CITY ATTORNEY SHALL CONDUCT A HEARING AND RENDER A DECISION ON

4

5

THE QUESTION OF FORFEITURE WITHIN 20 DAYS. THE CLAIMANT MAY APPEAL

6

AN ADVERSE DETERMINATION BY THE CITY ATTORNEY TO THE CLAIMS REVIEW

7

COMMITTEE, CITY COUNCIL, OR CIRCUIT COURT.

8

(f) IF TWENTY DAYS HAVE PASSED SINCE THE FIREWORKS WERE SEIZED UNDER THIS SECTION AND A CLAIM AND BOND HAVE NOT BEEN FILED, THE FIREWORKS

9

10

ARE FORFEITED TO THE CITY. IF ANY CRIMINAL PROCEEDINGS RELATING TO

11

THE SEIZED FIREWORKS ARE PENDING, DISPOSITION OF THE FIREWORKS MUST

12

BE APPROVED BY THE CITY ATTORNEY IN WRITING. IF NO CRIMINAL

13

PROCEEDINGS RELATING TO THE SEIZED FIREWORKS ARE PENDING, THE CITY

14

MAY DISPOSE OF THE FIREWORKS. IN EITHER CASE,FIREWORKS SHALL BE

15

DISPOSED OF PROPERLY BY DESTRUCTION OR BY SALE TO A PERSON IN A

16

JURISDICTION IN WHICH POSSESSION OF THE FIREWORKS IS LEGAL.

17

1615.09. GROUNDS FOR DENIAL OR REVOCATION OF PERMITS REQDIRED BY THIS ~r-_~ CHAPTER

18

19

(a) A PERMIT ISSUED UNDER THIS CHAPTER MAY BE REVOKED BY HOLDING A HEARING TO DETERMINE WHETHER ANY OF THE GROUNDS LISTED IN

20

21

SUBSECTION (b) EXIST, AFTER GNING NOTICE TO THE PERMITTEE, BY FIRST CLASS MAIL TO THE ADDRESS GNEN ON THE PERMIT APPLICATION, AT LEAST

22

15

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1 TEN DAYS BEFORE THE HEARING, OF THE TIME AND PLACE OF THE HEARING

2 AND THE GROUNDS FOR REVOCATION.

3 (b) ANY PERMIT REQUIRED BY THIS CHAPTER MAY BE DENIED OR REVOKED ON

4 ANY OF THE FOLLOWING GROUNDS:

5 (a) THE APPLICANT COMMITS FRAUD OR MISREPRESENTATION OR MAKES A

6 FALSE STATEMENT DURING THE APPLICATION PROCESS.

7 (b) ANY CITATION OR CONVICTION FOR, OR GUILTY PLEA TO, A VIOLATION OF

8 THE LAWS OF THE UNITED STATES, ANY STATE, OR ANY LOCAL UNIT OF

9 GOVERNMENT REGULATING THE SALE, USE, OR POSSESSION OF FIREWORKS BY

10 ANY OF THE PERSONS FOR WHOM A DISCLOSURE OF SUCH INFORMATION IS

11 REQUIRED BY SECTIONS 1615.05(b)(4), 1615.06(b)(7), AND 1615.07(b)(4).

12 (c) THE APPLICANT OR A PRINCIPAL OWNER OF THE APPLICANT IS IN DEFAULT

13 TO THE CITY.

14 (d) THE APPLICANT HAS COMMITTED FRAUD OR MISREPRESENTATION OR HAS

15 MADE A FALSE STATEMENT WHILE CONDUCTING ANY ACTNITYFOR WHICH

16 THIS CHAPTER REQUIRES A PERMIT.

17 (e) ANY VIOLATION OF FEDERAL, STATE, OR LOCAL LAW RELATED TO HEALTH,

18 SAFETY, OR WELFARE COMMITTED ON THE PREMISES FOR WHICH THE PERMIT

19 HAS BEEN ISSUED OR IS TO BE ISSUED.

20 (f) THE APPLICANT VIOLATES ANY LIMITATIONS OR REQUIREMENTS PLACED ON

21 THE PERMIT.

22 1615.10. PENALTY

16

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1 ANY PERSON WHO VIOLATES THIS CHAPTER OR THE TERMS OF ANY PERMIT

2 ISSUED UNDER THIS CHAPTER IS RESPONSIBLE FOR A MISDEMEANOR AND

3 SUBJECT TO A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS ($500.00), PLUS

4 COSTS OF PROSECUTION; IMPRISONMENT NOT EXCEEDING NINETY (90) DAYS; OR

5 BOTH, FOR EACH VIOLATION.

6 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules

7 inconsistent with the provisions hereof are hereby repealed.

8 Section 3. Should any section, clause or phrase of this ordinance be declared to be

9 invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof

10 other than the part so declared to be invalid.

11 Section 4. This ordinance shall take effect on the 30th day after enactment, unless given

12 immediate effect by City Council.

13 14 15 16 17

18

Approved as to form:

City Attorney

Dated: _

19

20 21

17

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DRAFT #1 (REVISED) NOVEN.IBER 25, 2009

1 ORDINANCENO. _

2 AN ORDINANCE OF THE CITY OF LANSThTG, MICHIGAN, TO AMEND

3 CHAPTER 1284, SECTION 3, OF THE LANSING CODIFIED ORDmANCES BY

4 REQUIRING THE PROVISION OF, PARKING FOR CABARET PATRONS ON LOTS

5 CONTAINJNG CABARETS.

6 THE CIT.Y OF LANSING ORDAINS:

7, Section 1. That Chapter 1284, Section 3, of the Codified Ordinances of the City of

8 Lansing, Michigan, be and is hereby amended to read as follows:

9 1284.03. Location; expansion; encroachments.

10 (a) Except as provided in subsections (b) to (djhereof, aU required off-street parking for a

11 principal use, conditional use, specia11and use or nonconforming use shall be located on the

12 same lot on which such principal use, conditional use, special land use or nonconfonning:use is

13 located. Off-street parking shall be permitted in the required side or rear. y~ds of a lot in every

14 zoning district. "Parking shall be allowed in the required front yard only in the E- 2 Local

, '

15 Shopping District, F Commercial District, G-1 Business District, GM2 Wholesale District, H

16 Light Industrial District, I Heavy Industrial District or J Parking District, unless otherwise

17 provided for in this chapter.

, .

18 (b) The off-street parking for a lot which is zoned H Light Industrial or I Heavy Industrial

19' District may be located on ?- separate lot, if the following ~ THREE conditions are met:

20 (1) THE LOT DOES NOT CONTAIN A CABARET, AS DEFINED BY SECTION 808.01.

21 -EB (2) The separate lot is zoned H Light Industrial District, I Heavy Industrial District or J

22 Parking District.

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DRAFT #1 (REVISED) NOVEMBER 25,2009

1 ~ (3) The. separate lot is not more than 5,280 feet, measured from the closest point on the

2 closest lot line of the separate lot to the closest point on the closest lot line of the lot served.

3 However, if the parking on the separate lot is more than 1,000 feet from the lot served, then the

4 beneficial user shall provide a commuter service between the separate lot and the lot served.

5 (c) Off-street parking for nonresidential uses on a lot which is zoned D-l, E, E-1, B-2, F or G-2

6 may be located on a separate lot if the following :f:w:e. THREE conditions are met:

7 (1) THE LOT DOES NOT CONTAIN A CABARET, AS DEFrnED BY SECTION 808.01.

8 t±1 (2) The separate lot is zoned D-1, E, B-1, B-2, F, G-2, H, I or 1.

9 ~ (3) The separate lot is not more than 300 feet, as measured from the do sest point on the

10 closest lot line of the separate lot to the closest point on the closest lot line of the lot served.

11 (d) Except as described in subsection (e) hereof, the off-street parking for a lot on which a

12 conditional use is maintained m.ay be expanded onto an abutting property only if all of the

13 following conditions are met:

14 (1) The conditional use itself may be permitted on the abutting.property,

15 (2) The abutting property is zoned A, B, C, DM-l, DM-2, DM-3 or DM-4.

16 (3) A special land use permit is obtained through the procedures described in Chapter 1282.

17 (e) Subsection (d) hereof shall not apply if the abutting property is zoned D-l, B, B-1, B-2, F,

18 G-l, G-2, H, lor J.

19 (f).An area designated as required off-street parking may be changed to another use or

20 encroached upon, so long as the minimum requirements of Section 1284.13 continue to be met.



2 .

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DRAFT #1 (RBVISED) NOVElv.lBER 25, 2009





5 immediate effect by City Council.

6 7 8 9

10

11

<


City Attorney

Dated: _

12 13 14 15

3

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1284.03.doc .

PUBLIC SAFETY COM:MITTEE DRAFT #2 FEBRUARY 16,2010

1 ORDillANCENO. _

2 AN ORDINANCE OF THE CITY OF LANSillG, MICIDGAN, TO AMEND

3 CHAPTER 844, SECTION 25, OF THE LANSING CODIFIED ORD~ANCES BY

4 RESTRlCTING THE HOURS DURING WHICH ICE CREAM AND CONFECTION

5 PEDDLERS MAY OPERATE.

6 THE CITY OF LANSING ORDAINS:

7 Section 1. That Chapter 844~ Section 25, of the Codified Ordinances of the City of

8 Lansing, Michigan, be and is hereby amended to read as follows:

9 844.25. Method AND HOURS of operation.

10 The operation of vehicles, carts .. or pushcarts under a license issued pursuant to Section 844.22

11 shall be such as not to interfere with the use of the streets by the public, congest or impede

12 traffic, or endanger persons or property of pedestrians or others using the streets, sidewalks or

13 other public places. NO SUCHVEIDCLES, CARTS, OR PUSHCARTS SHALL BE

14 OPERATED AFTER 8:30 P.M. OR SUNSET, AS ESTABLISHED BY THE NATIONAL

15 WEATHER SERVICE, WHICHEVER IS EARLIER, OR BEFORE 9:00 A.M.







22 immediate effect by City C01IDcil.


23 24

25 City Attorney

26 ~re~ _

1 C;\DOCUME-l\KREEVE-lLAN\WCALS-l\Temp\XPgJpwise\ICE CREAM AND CONFECTION PEDDLER HOURS 84425 PUBLIC SAFE.doc

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