HOUSE BILL No. 4044

 

 

January 18, 2017, Introduced by Rep. Farrington and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending section 7 (MCL 28.457), as amended by 2013 PA 65.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7. (1) Except as provided in this act and subject to

 

subsection (4), a local unit of government shall not enact or

 

enforce an ordinance, code, or regulation pertaining to or in any

 

manner regulating the sale, display, storage, transportation, or

 

distribution of fireworks regulated under this act.

 

     (2) A Subject to subsection (3), a local unit of government

 

may enact an ordinance regulating the ignition, discharge, and use

 

of consumer fireworks, including, but not limited to, an ordinance

 

prescribing the hours of the day or night during which a person may

 

ignite, discharge, or use consumer fireworks. If a local unit of

 

government enacts an ordinance under this subsection, the ordinance

 

shall not regulate the ignition, discharge, or use of consumer

 

fireworks on the day preceding, the day of, or the day after a

 

national holiday except as follows:

 

     (a) A local unit of government with a population of 50,000 or

 

more or a local unit of government located in a county with a

 

population of 750,000 or more may regulate the ignition, discharge,

 

or use of consumer fireworks between the hours of 12 midnight and 8

 

a.m. or between the hours of 1 a.m. and 8 a.m. on New Year's

 

day.Day.

 

     (b) A local unit of government with a population of less than

 

50,000 located in a county with a population of less than 750,000

 

may regulate the ignition, discharge, or use of consumer fireworks

 

between the hours of 1 a.m. and 8 a.m.

 

     (3) The ignition, discharge, and use of consumer fireworks is

 

prohibited in a county with a population of 600,000 or more unless

 

a local unit of government within that county enacts an ordinance

 

allowing for and regulating the ignition, discharge, and use of

 

consumer fireworks within that local unit of government.

 

     (4) The sale of consumer fireworks is prohibited in a county

 

with population of 600,000 or more unless a local unit of

 

government within that county enacts an ordinance allowing for the

 

sale of consumer fireworks within that local unit of government. An

 

ordinance allowing for the sale of consumer fireworks enacted under

 

this section shall not otherwise regulate the sale of consumer

 

fireworks.

 

     (5) A local unit of government in a county meeting the

population threshold described in subsections (3) and (4) that does

 

not enact an ordinance allowing the sale, ignition, discharge, and

 

use of consumer fireworks under subsection (3) or (4) may grant a

 

special use permit for the sale, ignition, discharge, and use of

 

consumer fireworks within the local unit of government.

 

     (6) (3) An ordinance under subsection (2),(3), or (4) shall

 

only impose a civil fine of not more than $500.00 for each

 

violation of the ordinance and no other fine or sanction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.