City amends fireworks ordinance to make it consistent with state laws
Wed, 08/12/2020 - 3:35pm caleb
Use of fireworks in the City of Grayling without city council permission is illegal except for certain holiday times established by state regulations
Caleb Casey | Managing Editor
The City of Grayling amended its fireworks ordinance on Monday, August 10, during the city council’s regular meeting, updating the regulations so they’re consistent with state law.
Michigan changed its fireworks laws in 2018, “giving local government entities – villages, townships, and cities – the right to restrict the days and times for their residents to use consumer fireworks by enacting a local ordinance,” according to www.michigan.gov.
Before the approval of the amendment on Monday, the city’s fireworks ordinance, listed in Chapter 24, Article VI of its Municipal Code, said: “No person shall explode any fireworks or firecrackers except by written permission of the city council.”
The problem? State law “requires that fireworks must be allowed on the following days, after 11 a.m.: December 31 until 1 a.m. on January 1; the Saturday and Sunday before Memorial Day, until 11:45 p.m.; June 29 to July 4, until 11:45 p.m.; July 5, if it falls on a Friday or Saturday, until 11:45 p.m.; the Saturday and Sunday before Labor Day, until 11:45 p.m.,” according to www.michigan.gov.
The solution? With the amendment, the city added language that says “this Ordinance does not regulate the ignition, discharge, or use of consumer fireworks on those days and times identified in (the Michigan Fireworks Safety Act), as amended or as may be amended in the future.”
The city’s fireworks ordinance amendment also adds specific penalties for violations of the local law.
“Pursuant to (the Michigan Fireworks Safety Act), a violation of (the city’s fireworks ordinance) is a municipal civil infraction, punishable by a fine of $1,000 for each violation. $500 of the fine collected under this Ordinance shall be remitted to the City of Grayling Police Department, the local law enforcement agency responsible for enforcing this Ordinance,” according to the ordinance amendment.
The city council approved the amendment with a 5-0 vote on Monday. According to the amendment, the new ordinance will take effect 10 days from its “enactment” on Monday.
State law allows fireworks to be used on certain days and times regardless of local ordinances, but there are rules about who may legally purchase them and where they can be ignited.
“Licensed facilities will only sell fireworks to people 18 years of age or older. State law requires that consumer-grade fireworks only be ignited from personal property. It is illegal to ignite fireworks on public property (including streets and sidewalks), school property, church property, or another person’s property without their express permission. State law makes it illegal to discharge fireworks when intoxicated or under the influence of drugs,” according to www.michigan.gov.