January 2019 Municipal Law News E-blast
January 23, 2019
New amendments to the Michigan Fireworks Safety Act modify when and how a municipality may regulate the ignition, discharge and use of consumer fireworks. Under the old law, municipalities could not regulate the ignition, discharge or use of consumer fireworks on the day preceding, the day of, or the day after a national holiday during certain time periods depending on the population of the local unit.
The new amendments to this provision (which apply to all municipalities equally regardless of population size) reduce the number of days municipalities are prevented from regulating consumer firework use so that they better align with the holidays where people traditionally shoot off fireworks. Now, the only days/times where a municipality may not regulate the ignition, discharge, or use of consumer fireworks are:
- 11:00 a.m. on December 31 – 1:00 a.m. on January 1
- 11:00 a.m. - 11:45 p.m. on the Saturday and Sunday immediately preceding Memorial Day
- 11:00 a.m. - 11:45 p.m. on June 29 and 30 and July 1, 2, 3, and 4
- 11:00 a.m. - 11:45 p.m. on July 5, if that date is a Friday or Saturday
- 11:00 a.m. - 11:45 p.m. on the Saturday and Sunday immediately preceding Labor Day
The amendments also increase the amount in fines that the municipality should charge for violations of these ordinances from $500 to $1,000. However, the ordinance must provide that $500 of this fine must be remitted to the local law enforcement agency responsible for enforcing the ordinance.
If you have any questions about the new regulations or would like to make changes to your local unit’s fireworks ordinance, please contact Leslie Dickinson.