HOUSE BILL NO. 5897

June 23, 2020, Introduced by Reps. Gay-Dagnogo, Jones, Meerman, Tyrone Carter, Miller, Cynthia Johnson, Cynthia Neeley, Peterson, Sneller, Tate, Hammoud, Camilleri, Guerra, Bolden, Rabhi, Brenda Carter, Stone, Sabo, Brixie, Chirkun, Elder, Haadsma, Byrd, Hope and Yancey 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 2018 PA 635.

the people of the state of michigan enact:

Sec. 7. (1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining that pertains to or regulates 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 that regulates 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 following days after 11 a.m.:

(a) December 31 until 1 a.m. on January 1.

(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.

(c) June 29 to July 4 until 11:45 p.m. on each of those days.

(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.

(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

(f) June 18 and 19 until 11:45 p.m. on each of those days.

(3) An ordinance under subsection (2) shall must impose a civil fine of $1,000.00 for each violation of the ordinance and no other fine or sanction. The ordinance must provide for the remittance of $500.00 of the fine collected under the ordinance to the local law enforcement agency responsible for enforcing the ordinance.

(4) Beginning August 1, 2019, a local unit of government with a population of 100,000 or more or a local unit of government located in a county with a population of 750,000 or more may enact or enforce an ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may include, but is not limited to, a restriction on the number of permits issued for a temporary structure, regulation of the distance required between 2 or more temporary structures, or a zoning ordinance that regulates the use of a temporary structure. An ordinance established under this subsection may not prohibit the temporary storage, transportation, or distribution of fireworks by a consumer fireworks certificate holder at a retail location that is a permanent building or structure. As used in this subsection, "temporary structure" means a movable structure that is used in the sale, display, storage, transportation, or distribution of fireworks, including, but not limited to, a tent or a stand.