Farmington Hills regulates consumer fireworks under Chapter 12 of the Code of Ordinances within the strict limits set by the Michigan Fireworks Safety Act (MCL 28.451 et seq.) as amended by 2018 PA 635 (which replaced the more permissive 2011 PA 256 holiday window with the current narrower list). MCL 28.457 prohibits local fireworks ordinances from restricting discharge on the following days after 11 a.m.: December 31 (until 1 a.m. Jan 1); the Saturday and Sunday immediately preceding Memorial Day (until 11:45 p.m.); June 29 through July 4 (until 11:45 p.m. each day); July 5 if it falls on a Friday or Saturday (until 11:45 p.m.); and the Saturday and Sunday immediately preceding Labor Day (until 11:45 p.m.). On all other days, Farmington Hills prohibits discharge of consumer fireworks. The local ordinance also prohibits discharge of fireworks on public property (parks, roadways, schools, sidewalks), requires written permission of the property owner to discharge on private property not owned by the user, makes it illegal to discharge while under the influence of alcohol or controlled substances (MCL 28.457(4)), and bans sale to anyone under age 18 (MCL 28.452a). The mandatory civil fine for a local-ordinance violation is $1,000.00 per violation under MCL 28.457(3), with 50% remitted to local law enforcement.
The Michigan Fireworks Safety Act (MCL 28.451 et seq.), originally enacted by 2011 PA 256, was substantially amended by 2018 PA 635 to narrow the days during which local governments must permit consumer fireworks. Under the current MCL 28.457(2), a local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks, but the ordinance shall NOT regulate 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.; (c) June 29 to July 4 until 11:45 p.m. on each of those days; (d) July 5 until 11:45 p.m. if July 5 is a Friday or Saturday; and (e) the Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days. Farmington Hills' local ordinance under Chapter 12 takes full advantage of this preemption framework: discharge of consumer fireworks is prohibited on ALL other days of the year. Additional local rules: discharge of fireworks on public property is prohibited (parks, public roadways, school grounds, sidewalks); written permission from the property owner is required to discharge from any private property not owned by the user; and the discharge of fireworks while under the influence of alcohol or controlled substances is prohibited (MCL 28.457(4)). MCL 28.452a prohibits sale of consumer fireworks to anyone under 18. Penalty: MCL 28.457(3) mandates that a violation of a local fireworks ordinance is a municipal civil infraction with a civil fine of $1,000.00 per violation; 50% of fines collected must be remitted to the local law enforcement agency that issued the citation. Public/professional aerial fireworks displays require a separate permit under MCL 28.456 and approval by the Farmington Hills Fire Department. Note: sparklers, snake/glow worms, smoke devices, and trick noisemakers are classified as 'low-impact fireworks' under MCL 28.452 and are NOT subject to the day-and-hour restrictions; they may be used year-round. Michigan operates under the 2015 Michigan Building Code adopted via MCL 125.1502.
Violations of the Farmington Hills fireworks ordinance are municipal civil infractions enforced by the Farmington Hills Police Department. Per MCL 28.457(3), the mandatory civil fine is $1,000.00 per violation - this amount is set by state statute and cannot be reduced by local ordinance. 50% of the fine collected is remitted to the local law enforcement agency. Common violations: discharge on a non-protected day, discharge before 11 a.m. on a protected day, discharge after the statutory end time (11:45 p.m. / 1 a.m. New Year's), discharge on public property, discharge on private property without the owner's written permission, discharge while intoxicated (MCL 28.457(4)), and sale to a person under 18 (MCL 28.452a). Discharge resulting in property damage or personal injury may also support criminal charges and civil liability. Aerial professional displays without a state permit are separately enforceable under MCL 28.456.
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