SENATE BILL No. 300

 

 

April 28, 2015, Introduced by Senators HOOD, BIEDA, HOPGOOD, EMMONS and GREGORY and referred to the Committee on Government Operations.

 

 

 

     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, Notwithstanding

 

anything in this act to the contrary, a local unit of government

 

shall not may 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 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.

 

     (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) An ordinance under subsection (2) shall only impose a

 

civil fine of not more than $500.00 for each violation of the

 

ordinance and no other fine or sanction.