Michigan recently enacted new legislation that expands local governments’ authority to regulate the ignition, discharge, and use of consumer fireworks. Under the new law, municipalities may enact ordinances limiting the time and days when residents may ignite fireworks. Any such ordinances may not regulate the use of consumer fireworks between 11 a.m. and 11:45 p.m. on specified holidays, such as New Year’s Day, Memorial Day, the Fourth of July, and Labor Day. Further such ordinances may not regulate the use of consumer fireworks between 11 a.m. and 11:45 p.m. on the Saturday and Sunday immediately preceding Memorial Day and Labor Day. Failure to comply with the new restrictions could result in a fine of $1,000 for each violation. Under the prior statute, municipalities could not enact ordinances regulating the ignition, discharge, and use of consumer fireworks on the day preceding, day of or day after a national holiday.
The new legislation also grants local governments with a population of 100,000 or more or a local government located in a county with a population of at least 750,000 the authority to enact an ordinance that regulates the use of temporary structures intended to be used for the sale, display, storage, transportation, or distribution of fireworks.