Proposed changes to Michigan's fireworks law spark controversy

A proposed state law would shorten the fuse on when residents can shoot off consumer fireworks, especially around Independence Day, an idea backed by pet owners and others who want more days of quiet but opposed by fireworks businesses and fans who say the current law imposes enough restrictions. 

A bill by state Sen. Paul Wojno, D-Warren, would cut four days around July 4 when people can shoot off firecrackers and other low-grade consumer explosives from 11 a.m. to 11:45 p.m. Current state law prohibits the local regulation of consumer fireworks between June 29 and July 4 as well as July 5 if it falls on a Friday or Saturday, while the bill would limit shooting off fireworks to July 3 and July 4, plus the July 5 exception.

The bill also would empower certain densely populated cities and towns to regulate the use of consumer fireworks, or those used by the general public as opposed to professional displays outside of Memorial Day, Independence Day, Labor Day and New Year's Eve — such as regulating the hours of the day or night when consumers fireworks may be ignited.

The proposal would give this authority to such cities as Detroit and Grand Rapids, as well as Metro Detroit suburbs, including Roseville, St. Clair Shores, Royal Oak, Dearborn, Redford Township and Clinton Township.

State Sen. Kevin Hertel, D-St. Clair Shores, said he has heard many concerns from residents and local police and fire officials about how often fireworks are ignited throughout his time in office. He is one of nine co-sponsors of the legislation, which hasn't yet received a hearing.

"I believe state law should allow for more local control so that elected officials in local governments can make the best choice for their community," Hertel said.

Sen. Mallory McMorrow, D-Royal Oak, agreed that fireworks can be a fire risk for densely populated areas and a nuisance. She said she typically receives "a flood" of complaints from constituents around the Fourth of July every year.

"We have seen no shortage of injuries, fire damage, buildings that have been burned down, and this is just an issue that should be up to a local community," McMorrow said. "It's an issue every year."

There are reports of dogs that escape homes because they are spooked by loud sounds, she said.

"We've got seniors or veterans with PTSD," McMorrow said. "I am a mom now; my daughter's 2, but I'm thinking about bedtimes."

Other Metro Detroiters don't consider it an issue, though. Katie Morgan said she and her son, Alistair, put on a backyard fireworks show on the Fourth of July every year with no complaints from their neighbors in Livonia. Morgan, 58, has been hearing other people's fireworks this year for over a week but said she doesn't mind. Further limiting when people can shoot them off wouldn't be fair, she said.

"Some people are working still on the Fourth, so maybe they do their celebration on the weekend," Morgan said. "So I kind of like that you have that option."

Lincoln Park fireworks dealer Sam Salloum said fireworks can improve many celebrations, not just federal holidays, so long as users are responsible. Just having three days to celebrate with consumer fireworks is limiting, especially for people who have to work on or around the Fourth of July, Salloum said.

"As a business owner, I would like to have more days for the citizens to shoot fireworks," said Salloum, owner of Big Sam's Fireworks in Lincoln Park. "I've been doing that for a long time, and I would love to ... give the people enough time. No more than a week. I think a week is plenty of time."

"There's lots of other holidays," added Salloum, who doesn't sell commercial-grade fireworks. "Birthday parties, graduations, I would love to see all that."

Violation fine would double

The proposed legislation also seeks to discourage illegal fireworks use by doubling the civil fine for a violation from $1,000 to $2,000. Half of the increased fine, or $1,000, would be earmarked to go to the local law enforcement agency that issued the violation under the plan.

The plan would also increase the maximum fine for discharging consumer fireworks on public property, school property, church property, or the property of another person without permission to $1,000. The maximum fine for selling consumer fireworks to a minor the first time would be $2,500 and $5,000 for the second time.

Warren, Michigan's third most populous city, would be one of the communities empowered to issue fireworks rules outside of protected holidays. The bill would give the authority to regulate consumer fireworks to municipalities with a population density of over 3,400 residents per square mile on all days except the Fourth of July, Labor Day, Memorial Day and New Year's Eve until 1 a.m.

Warren Mayor Jim Fouts said he would welcome the proposed changes. People don't need to shoot off fireworks days and even weeks ahead of the Fourth of July, he said.

"Pets, cats and dogs particularly can't handle the fireworks' noise. They get nervous, they howl, they scream, they have accidents and everything else," Fouts said. "Also people with small children, children can't sleep. They're up all night, things like that."

Memorial Day is the unofficial kickoff of fireworks season, which peaks around July 4, Fouts said. Complaints from residents about the fireworks also peak around this time, and Warren can sound like a war zone, Fouts said.

Hassan Beydoun, counsel to Detroit's Mayor Mike Duggan, said the city supports more local control on this issue.

"The current one size fits all approach to legislating when and where fireworks can be used went too far in preempting local control," Beydoun said in an email, "and this bill, by expanding the days and times that Detroit can regulate firework use, seems like a step in the right direction.”

While the proposed changes don't appear to affect Pleasant Ridge and its existing fireworks ordinance, the mayor of the Oakland County city with about 2,500 residents said the legislation has drawbacks.

"I can imagine scenarios where cities of all sizes might want the flexibility to allow or limit fireworks, and so I question the overall benefit of state control based on community size," Mayor Bret Scott said in an email. "For example, a town may wish to restrict fireworks to reduce the chance of wildfires within their community on a dry year, and this amendment may limit their ability to do so."

"Also as a community along Woodward Avenue, I would like for our state Legislature to think about noise pollution over all days of the year and not simply focus on the holidays. With people working from home more days, the popularity of louder vehicles increasing, and with new road treatments to manage water and safety, I hear far more concerns about road noise pollution than noise related to fireworks."

The state's current fireworks law, the Michigan Fireworks Safety Act, has been enforced for over a decade. The law was amended in 2019 to give local communities a limited ability to regulate fireworks use.

The number of police calls in Royal Oak related to fireworks has "somewhat decreased" since the law went into effect, according to city spokeswoman Judy Davis.

"Residents may not like it, but it appears that after a decade, they understand it's legal," Davis said.

Seeing red on restrictions

The idea of more fireworks regulation doesn't sit well with Livonia resident Richard Strock, who said he and his wife purposefully buy bright, but quiet fireworks for their Fourth of July celebrations to avoid frightening their cat. Since fireworks use is mostly limited to the 4th of July, they said they don't think more state regulation is necessary.

"I wouldn't see it as being necessary. Of all the years we've lived here, it's not really an issue. ... It's not to the point where it's a nuisance or a hazard," said Strock, 56.

Jack Lupo, 50, has enjoyed watching the amateur fireworks displays in his Plymouth Township neighborhood throughout the last couple of days with his 6-year-old son, Jackson. People should teach their children not to shoot off fireworks during inappropriate situations, but their use doesn't need to be regulated by state legislators, Lupo said.

But he said he can understand why some people get frustrated.

"All of our neighbors are big fans of fireworks. We get them throughout the weekend from several of our neighbors. It'll be fun," Lupo said. "I get annoyed when I hear them at 9 o'clock on a Tuesday night when these guys are trying to go to bed, and it's not a holiday. ... I think they should be relegated to the Fourth of July."

Shelly Demsky, who provides corporate support for Phantom Fireworks' Livonia location, agreed that it would be unfortunate if the legislation passed. Phantom Fireworks, which has six permanent showrooms and more than 45 tents set up in Michigan, is popular for more occasions than just the Fourth of July, she said.

"Shooting off fireworks is as American as it gets. ... There's just a variety of reasons that we see customers coming into the stores all year," Demsky said. "To me, it's unfortunate that they would want to limit that because they're there ... choosing what day that Americans are allowed to celebrate."

But Amelia McGraw, 28, is an art therapist who works with patients who have PTSD and said she would support local regulation of fireworks because she knows the police can't regulate the safe use of fireworks between June 29 and July 4.

Sounds can be triggering, especially fireworks, which sound like gunshots, said McGraw, a Royal Oak resident. The week of July 4th is also bad for her personally because fireworks terrify her two cats and two dogs.

"They don't want to be outdoors at all when that's going on because it scares them too much," McGraw said. "It usually starts a full week in advance, and people start lighting off fireworks for the whole night. ... I like the Fourth of July on the day. But past the day, it's just a bit much."

McMorrow said while there is no issue with the bill itself, the Democratic-controlled Senate has been prioritizing other issues.

hmackay@detroitnews.com