Berkley Passes Emergency Fireworks Ordinance

The Berkley City Council recently approved an emergency fireworks ordinance following passage of a state law that gives local governments some flexibility to decide when the devices may be used.

The City Council repealed previous rules governing fireworks in Berkley during a special meeting June 25 and replaced them with a new portion of city code that prohibits use during certain nighttime hours.

Fireworks use within the city is now banned except on the day before, the day of and the day after a national holiday; on those days, use of fireworks will be prohibited between 12 a.m. and 8 a.m and 1 a.m. and 8 a.m. New Year's Day.

Fireworks also are prohibited on public property, such as at schools and parks, and on another person's private property without permission, according to the new rules.

The penalty for violating the ordinance, which is in effect this Fourth of July, is a civil fine of up to $500. 

"The big issue we ran into last year was people were lighting them off late into the night," City Councilman Dan Terbrack said Monday. "There were a lot of families that were, understandably, upset by that and it was also a safety issue, too. Whenever you're dealing with fireworks, there's inherent danger, so it needed to be regulated."

A state law passed June 19 allows local governments to prohibit the use of consumer fireworks between midnight and 8 a.m. on the day before, day of, and day after national holidays.

"This is a common-sense bill that respects the preferences of communities by letting local authorities decide when fireworks can and cannot be used," Lt. Gov. Brian Calley said after signing House Bill 4743 into law.

The legislation was a reaction to a law passed in 2011 that loosened fireworks regulations in an effort to encourage citizens to buy consumer fireworks in Michigan rather than in neighboring states and, in turn, increase revenue coming into state coffers.

The new state legislation also guarantees all of the fees that vendors pay for fireworks safety go toward local firefighter training programs.

The Berkley City Council will have to revisit the city's emergency fireworks ordinance within 60 days of its June 25 passage to make it a permanent ordinance, Terbrack said.

[What do you think of the new rules? Leave a comment!]