New Ordinance Bans Fireworks in Farmington Hills, Except for Days State Allows

After a lengthy discussion at a 6 p.m. study session, council members unanimously approved a new fireworks ordinance Monday.

Effective in 21 days, the new rules ban "consumer fireworks" like firecrackers, bottle rockets and roman candles, except for . 

"If we don't enact this, it will open the doors up for them to (shoot fireworks) 365 days a year," Mayor Pro Tem Nancy Bates said, "so we feel compelled to do it."  

, city manager Steve Brock said the city fielded a large number of fireworks complaints in June and early July. Council member Ken Massey said at that meeting he felt officials should take time to explore and discuss the proposed ordinance at a study session.

He and other council members got that opportunity Monday night. During the study session, council member Richard Lerner said some cities are proposing ordinances that regulate the hours fireworks can be used on the holidays the state allows.

City attorney Steve Joppich said the state law is "pretty clear" that city officials cannot regulate fireworks during those 30 days. But council member Randy Bruce wondered whether the city should add some time limitations to the ordinance, then defend them in court. 

"Could we be hit up for money damages if we do that, or would it just throw out our ordinance?" he asked.

Joppich said that since violating the ordinance is a misdemeanor, a person could be arrested and taken into custody for the offense. If the city enforced its ordinance, and the ordinance was in violation of state law, he said, "you might have some issues to deal with."

Mayor Barry Brickner and council members Massey and Cheryl Oliverio all felt the novelty of the new state law will wear off. Massey pointed out the sale tents have disappeared, and Brickner noted vendors are not likely to sit out in December to sell fireworks for the winter holidays. 

"I don't want our police officers running around, trying to figure out who's shooting fireworks," Oliverio said. 

The local ordinance also adds conditions allowed under state law, prohibiting discharge of fireworks on public property, and making it illegal to shoot off fireworks while intoxicated or to sell fireworks to anyone under age 18. 

Residents may shoot off fireworks on New Year's Day, Martin Luther King, Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving and Christmas, along with the days before and after each holiday. 

The state law and local ordinance do not affect the use of sparklers and other low-impact fireworks. 

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