Bill Text: MI HB6087 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Fireworks; other; local unit of government's regulation of the ignition, discharge, and use of consumer fireworks other than the day preceding, day of, or day after Independence day; allow. Amends secs. 7 & 12 of 2011 PA 256 (MCL 28.457 & 28.462).

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-12-10 - Printed Bill Filed 12/10/2014 [HB6087 Detail]

Download: Michigan-2013-HB6087-Introduced.html

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HOUSE BILL No. 6087

 

December 9, 2014, Introduced by Reps. Howrylak, McCready and Schor and referred to the Committee on Regulatory Reform.

 

     A bill to amend 2011 PA 256, entitled

 

"Michigan fireworks safety act,"

 

by amending sections 7 and 12 (MCL 28.457 and 28.462), as amended

 

by 2013 PA 65.

 

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 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 Subject to subsection (4), a local unit

 

of government that 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 Independence day 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 A local unit of government that enacts 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.

 

     (4) This act does not limit a local unit of government's

 

regulation of noise levels.

 

     (5) This act does not limit a local unit of government's power

 

to enact a zoning ordinance under the Michigan zoning enabling act,

 

2006 PA 110, MCL 125.3101 to 125.3702.

 

     Sec. 12. (1) A person shall not ignite, discharge, or use

 

consumer fireworks on public property, school property, church

 

property, or the property of another person without that

 

organization's or person's express permission to use those consumer

 

fireworks on those premises. Except as otherwise provided in this

 

section, a person that violates this subsection is responsible for

 

a state civil infraction and may be ordered to pay a civil fine of

 

not more than $500.00.

 

     (2) Consumer A person shall not sell consumer fireworks shall

 

not be sold to a minor. A person that violates this subsection

 

shall be ordered to pay a civil fine of not more than $500.00, or,

 

for a second or subsequent violation of this subsection, a civil

 

fine of not more than $1,000.00. In addition, the person's consumer

 

fireworks certificate shall be suspended for 90 days after the

 

civil fine is ordered for a second or subsequent violation. This

 

age requirement shall be verified by any of the following:

 

     (a) An operator's or chauffeur's license issued under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (b) An official state personal identification card issued

 

under 1972 PA 222, MCL 28.291 to 28.300.

 

     (c) An enhanced driver license or enhanced official state

 

personal identification card issued under the enhanced driver

 

license and enhanced official state personal identification card

 

act, 2008 PA 23, MCL 28.301 to 28.308.

 

     (d) A military identification card.

 

     (e) A passport.

 

     (f) Any other bona fide photograph identification that

 

establishes the identity and age of the individual.

 

     (3) An individual shall not discharge, ignite, or use consumer

 

fireworks or low-impact fireworks while under the influence of

 

alcoholic liquor, a controlled substance, or a combination of

 

alcoholic liquor and a controlled substance. As used in this

 

subsection:

 

     (a) "Alcoholic liquor" means that term as defined in section

 

1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.

 

     (b) "Controlled substance" means that term as defined in

 

section 8b of the Michigan vehicle code, 1949 PA 300, MCL 257.8b.

 

     (4) An individual who violates the smoking prohibition under

 

NFPA 1124, 7.3.11.1 is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both.

 

     (5) Signage stating the smoking prohibition described in

 

subsection (4) satisfies the requirements of NFPA 1124.

 

     (6) A person shall not provide consumer fireworks to a minor.