MICHIGAN FIREWORKS SAFETY ACT

This outline applies to consumer fireworks as defined in Section 2(f) of the Act. Consumer fireworks include fireworks commonly referred to as bottle rockets, sky rockets, aerial helicopters and spinners, Roman candles, mines, shells, and firecrackers. Consumer fireworks do not include large display fireworks or low-impact fireworks or novelties.

ACTIONS RELATED TO CONSUMER FIREWORKS THAT MAY BE INVESTIGATED AND PROSECUTED BY KEWEENAW COUNTY

Section 12 of the Act bans the following:

  • Ignition, discharge, or use of consumer fireworks on school property, church property, or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises (civil infraction)
  • Sale of consumer fireworks to a minor (civil infraction)
  • Discharge, ignition, or use of consumer fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance (misdemeanor or felony)

The Keweenaw County Sheriff may investigate violations of these bans and the County may prosecute offenders.

REGULATION OF THE IGNITION, DISCHARGE, AND USE OF CONSUMER FIREWORKS BY TOWNSHIPS

Section 7 of the Act allows townships, cities, and villages (but not counties) to regulate the ignition, discharge, or use of consumer fireworks by local ordinance, including, but not limited to, prescribing the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks, as follows:

  • On the day preceding, the day of, or the day after a national holiday, the ignition, discharge, or use of consumer fireworks may only be regulated between 1:00 a.m. and 8:00 a.m.
  • On all other days, the ignition, discharge, or use of consumer fireworks may be regulated or banned.

Township ordinances are generally enforced by local enforcement officers. The County does not enforce township ordinances unless contracted to do so. The maximum penalty for violation of a local fireworks ordinance is a $500 civil infraction.  Several local municipalities in Michigan have adopted fireworks ordinances under the Act. I will be happy to assist a township attorney draft a fireworks ordinance if a township wishes to adopt one. However, I would strongly encourage township officials to carefully consider the advisability of assigning fireworks ordinance enforcement responsibilities to persons who are not trained as police officers.