Michigan Fireworks Safety Act Amended

By: Travis W. Weber

Yesterday, June 12, 2013, the Michigan Legislature approved changes to the Michigan Fireworks Safety Act, 2011 PA 256 (the "Act"), to provide local units of government greater latitude in regulating the discharge of "consumer fireworks." The legislation now awaits the Governor's signature.

Under the current statutory scheme, local units of government (cities, villages, and townships) could regulate the ignition, use, and discharge of consumer fireworks year round except for the day before, the day of, and the day after, 10 national holidays. This often lead to complaints to local officials about fireworks displays and noise at all hours of the night on the 30 days exempt from local regulation. After a number of complaints from communities throughout the state, legislation was introduced to provide local units of government with more latitude in regulating consumer fireworks.

Under the amended Act, local units of government may enact ordinances regulating the discharge or use of consumer fireworks on the day before, the day of, or the day after a national holiday as follows:

• A local unit of government with a population of 50,000 or more, or a local unit in a county with a population of 750,000 or more may regulate use between midnight and 8 a.m. on all national holidays except New Year's Day, which it may regulate between 1 a.m. and 8 a.m. on New Year's Day.
• A local unit of government with a population of less than 50,000, or a local unit in a county with a population of less than 750,000 may regulate use between 1 a.m. and 8 a.m. on all national holidays.

The amended Act also provides that such an ordinance may only impose civil fines not to exceed $500 for each violation and no other fine or sanction. The legislation takes effect immediately upon the Governor's signature.

If you have any questions or require revisions to your fireworks ordinance, please contact your Clark Hill municipal law attorney.