Hayes Township residents demand township stop 3 a.m. bombs

By Genine Hopkins

A group of stressed out and fed up Hayes Township residents attended the evening August regular meeting on Tuesday, August 25th, demanding the township enforce its noise ordinance and stop their neighbor from setting off “bombs” in the middle of the night.  The area is near Arnold Lake and Long Lake, with residents clustered near Arnold Lake and Ball Ave.  The noise is coming from a resident on Arnold Lake Rd.
The residents have assumed the neighbor has been using tannerite practice targets, setting off the explosions from the targets by shooting at them. This potential target practice occurs after midnight on most occasions and often continues throughout the night, sometimes until dawn.  Tannerite targets come in kits that the user puts together.  When the target is hit, an explosion occurs from high velocity firearms, allowing the gun owner to have immediate notification that the target was hit.  Because the ingredients come in a kit and are not fully assembled and are often regulated by laws similar to fireworks manufacturing, however, the FBI has found illicit use of tannerite very common.  
Chuck Barrett, who identified as a deputy with the Clare County Sheriff’s Department, said there has been zero support from law enforcement even initially.  Now, he and other residents allege they have been told by dispatchers that the CCSD cannot do anything as it falls under 2nd Amendment rights.  While the Bill of Rights, that include the 2nd Amendment are sacred to the rights in the U.S., none of them are absolute, consider the 1st Amendment right to free speech and the old saying about not yelling “Fire!” in a crowded theatre.  
The 2nd Amendment reads:
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed 
Keeping (owning) and bearing (contributing to military service/protection of nation) is protected; however when you discharge your arms is regulated for safety and noise by local and state statutes, even on your own property.  
Additionally, residents brought a copy of the Hayes Township Noise Ordinance that provides “an enforceable noise ordinance that allows residents and visitors to Hayes Township to be free from noise that would offend a reasonable person of normal sensitivities and disrupt the reasonable conduct of basic human activities.”  While there is an exception for firearms discharge, there is no exception for explosions and in fact, there are limitations to fireworks discharge in the township during holidays.  Additionally, according to information on the Fahey Schultz, Burzych, Rhodes law office website, there should be explicit conduct that is clearly prohibited. The explicit definition of noise prohibited by explosions in construction sites outside of sunrise to sunset could imply explosions are prohibited during nighttime hours by the ordinance.
Several residents spoke of having their pets distressed.  An older woman  cried as she explained how she was affected by what she referred to as “living in a war zone,” while an older veteran who had served in Vietnam, told the board even in combat he had not heard so many explosions, one after another.  He also said he is experiencing PTSD from the nightly explosions. The residents each took their three minutes to let the township board know that there must be something done to stop the intrusion to their health and safety.
As stated in the rules for public comment during open meetings, the board invoked their right not to directly respond during the meeting, but did invite any of the residents to speak with board members after the meeting.
When reached for comment, Lt. Miller of the CCSD said he and the deputies are well aware of the situation.  Unfortunately, at this time, despite sending patrol cars out after calls, they did not hear explosions but all patrol deputies have been notified to check the area and do routine patrols at night.  Concerning the allegations made by the residents regarding what they claim they were told by dispatch, Lt. Miller said he would speak with the Dispatch Director to make sure the issue is investigated and addressed.