MICHIGAN FIREWORKS SAFETY ACT

(as amended December 28, 2018)

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.

VIOLATIONS THAT MAY BE INVESTIGATED 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
  • Sale of consumer fireworks to a minor
  • 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

Violations of these bans are state-law civil infractions; therefore, the Keweenaw County Sheriff may investigate violations of these bans and issue citations to offenders.

REGULATION OF CONSUMER FIREWORKS BY TOWNSHIPS

Section 7 of the Act allows cities, villages, and townships (but not counties) to regulate or ban the ignition, discharge, or use of consumer fireworks by local ordinance, with the following exceptions:

  • Must allow between 11:00 a.m. on Dec. 31 through 1:00 a.m. on January 1.

  • Must allow between 11:00 a.m. and 11:45 p.m. on the following days: Saturday and Sunday before Memorial Day; June 29 through July 4; July 5 if July 5 is a Friday or Saturday; and Saturday and Sunday before Labor Day.

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 $1,000 civil infraction.  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.