June 6, 2017, Introduced by Reps. Howrylak, Robinson, LaGrand, McCready, Chang, Lucido, Yaroch, Howell, Runestad, Schor, Brann, Webber, Miller and Phelps.
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 subsections (4) and (5), 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 and
New
Year's Day except as follows:
(a)
A that 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 10 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 $1,000.00 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 or provide 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.