The City and the Firecracker

People are pretty excited about Michigan’s new fireworks law that went into effect on January 1st. It will improve Michigan retailers’ ability to compete with retailers south of the state line.

The problem is, the legislation leaves some pretty big holes in it when it comes to local ordinances. Section 7 of the act prohibits local units of government from enacting or enforcing an ordinance pertaining to the “sale, display, storage, transportation or distribution of fireworks regulated under the act.” A municipality, however, may regulate the “ignition, discharge, and use of consumer fireworks”, but any such regulation cannot be effective on the day before, the day of, or the day after a national holiday.

But that leaves some questions: Do these provisions preclude the enforcement of general noise ordinances on those days? How do these provisions square with Section 12 of the Act, which requires a person to get permission before using fireworks on public property, and with Section 16, which says a municipality may set a fee and grant permits for the use of agricultural or wildlife fireworks, display fireworks, and special effects for outdoor pest control or agricultural purposes?

Also: What is a “national holiday” (it’s not defined in the act). The Fourth of July is presumably included, but Thanksgiving? Ground Hogs Day? MLK Jr. Day?

Oh well. It’ll keep Michigan lawyers busy.

Eric J. Scheske

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