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Posted on Thu, Jun 20, 2013 : 5:58 a.m.

New rules for fireworks this Fourth of July: Ann Arbor won't allow blasts after midnight

By Ryan J. Stanton

If you want to set off fireworks in Ann Arbor this Fourth of July, you'll have to do it sometime between 8 a.m. and midnight — no later — under new rules.

The City Council voted unanimously Monday night in favor of local ordinance changes sponsored by Council Members Sabra Briere, D-1st Ward, and Christopher Taylor, D-3rd Ward.

fireworks.jpg

Fireworks explode over Ford Lake in Ypsilanti Township in July 2010.

Alan Warren | For AnnArbor.com

The council's action anticipated Gov. Rick Snyder signing into law new legislation passed by the Michigan Legislature.

In Snyder's absence, Lt. Gov. Brian Calley on Wednesday signed the legislation that 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," Calley said.

The council-approved ordinance mimics changed state law and places new limits on the use of consumer fireworks such as Roman candles, bottle rockets and firecrackers.

Late-night blasts could lead to $500 fines.

Briere said Ann Arbor officials received several complaints from residents last year around July 4 after a new state law adopted by the Legislature allowed fireworks previously illegal in Michigan.

"We started getting the complaints from our neighbors about the loud noises that had kept them awake all night, about the firecrackers and rockets that were found in their yard the next day, about their fear of property damage," she said.

"I don't know that we had a lot of complaints, but we had some really dramatic ones," she said. "And we had them because the state had changed the law and allowed individuals to possess more exciting fireworks and use them on the day before, the day of, and the day after a national holiday."

Briere said it's important to keep in mind it's still only legal to set off fireworks on the day before, the day of, and the day after a national holiday.

"On those three days, you can set off fireworks," she said Monday night. "And if the state law changes as we anticipate, you will be able to set those fireworks off anytime between 8 a.m. and midnight with the sole exception of New Year's Day, where you can set fireworks off between midnight and 1 a.m."

Mayor John Hieftje said he's glad to see those changes.

"I'm quite happy that you can't set them off at 7 a.m. on New Year's Day," he said, drawing chuckles and agreement from fellow council members.

House Bill 4743, sponsored by state Rep. Harold Haugh, D-Roseville, also guarantees all of the fees that vendors pay for fireworks safety go toward local firefighter training programs.

The measure is now Public Act 65 of 2013.

Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's email newsletters.

Comments

Andrew

Fri, Jun 21, 2013 : 6:19 a.m.

So we start at 8am, and continuously set off fireworks until midnight :) And hours after that, because nobody really cares. It's a holiday. Especially the 4th and New Years. People love to make things go boom those days, get over it.

Em

Fri, Jun 21, 2013 : 2:08 a.m.

I'm so glad they made this a law this year. I was really angry last year when I had to wake up at 5am to work, but the neighbors were setting off fireworks until 12:30 or 1. I called the police and they basically said "too bad, we can't enforce it because it's a holiday". I guess that's what we get for working the holiday so others can have it off. Oh, and I'm sure all of you would be thrilled to have sleep deprived healthcare workers, firefighters, etc working for you on the 4th because of this.

Mike

Thu, Jun 20, 2013 : 11:08 p.m.

Why do old cranky people ruin everything?

Woman in Ypsilanti

Fri, Jun 21, 2013 : 6:12 p.m.

Because it is our job. Now GET OFF MY LAWN you little whippersnapper!

jns131

Thu, Jun 20, 2013 : 10:16 p.m.

Gee Ann Arbor is catching up with Ypsi township. Good job little brother. Ypsi township last year voted to keep the fireworks to midnite, I think and 2 or 3 days before and after July 4 to keep the noise to a minimum. Good job Ypsi and Ann Arbor? Have fun keeping it under control if the neighbors do not nark on you first.

Charles Slick

Thu, Jun 20, 2013 : 5:23 p.m.

and people say this town is uptight.

you can't handle the truth

Thu, Jun 20, 2013 : 5:23 p.m.

Nice to see this use of common sense. It is not demonstrated very often by the council. But will this really be enforced? At that time of night, cops are going to be out for the grand money maker - DUI arrest.

Hmm

Thu, Jun 20, 2013 : 4:11 p.m.

Now if only city council could do something about that stupid bird chirping that keeps waking me up at 5:00 a.m. everyday! A2 city council please pass a resolution against whatever species of bird that is warbling at the top of it's voice at the crack of dawn. Thank you I am mostly joking about this

jns131

Thu, Jun 20, 2013 : 10:18 p.m.

cocka doodle doo.........how do you shut this thing off?

Stanthepotter

Thu, Jun 20, 2013 : 3:54 p.m.

too bad this wont apply to the Uof M .. they can make noise any time they want. I can attest to it as they wake me up with construction noise every morn at 6;45-7 am.. hey maybe the U of M should do a fireworks display as a way of giving back to the citizens of A2. ohh sorry i was dreaming

BHarding

Thu, Jun 20, 2013 : 3:54 p.m.

Oh, thank you!! When I was working, I couldn't get any sleep on the 4th, or actually the surrounding dates, and had to get ready for work at 5:00 a.m. Now the noise scares my dog. We all love sleep!

Annette Poole

Thu, Jun 20, 2013 : 3:49 p.m.

Good. My daughter was only 8 months old last 4th of July and while the fireworks didn't scare her, she had a very hard time sleeping because people in our neighborhood had fireworks going off until 3/4 AM.

jns131

Thu, Jun 20, 2013 : 10:19 p.m.

nark alert. Boy is this going to be fun watching the police go hither and yon. Almost like devils nite in Detroit. Can't wait to see this go off.

leezee

Thu, Jun 20, 2013 : 5:22 p.m.

We've been mommyjacked.

Hmm

Thu, Jun 20, 2013 : 4:14 p.m.

If that were me I would find out who it was setting off the fireworks and ask them if they can kindly stop as people including my child were trying to sleep. If that did not work I would get the police involved. Did you try asking them to stop shooting off their rockets at late hours? Talking goes a long way towards solving most conflicts

Griffin

Thu, Jun 20, 2013 : 3:39 p.m.

There have been kids setting off fireworks EVERY DAY THIS WEEK in the apartment complex just north of Walden Hills II on S Maple Rd. Calling the police sure didn't change that. I wish this ordinance was actually enforced during non-holiday periods.

Nicole

Thu, Jun 20, 2013 : 3:20 p.m.

Great idea! I agree, hearing a Mortor (sp?) going off at 2 am scares the beejeezus out of me and our dogs. I love fireworks however, so it never really "bothered" me, not to mention, it's just a few nights a year.

jcj

Thu, Jun 20, 2013 : 3:17 p.m.

I will believe it when I DON'T hear it!

Homeland Conspiracy

Thu, Jun 20, 2013 : 3:07 p.m.

Look out 11:59 here I come!!!

Bob

Thu, Jun 20, 2013 : 2:49 p.m.

Jon Wax asked the key question: how is this going to be enforced? Are we adding more officers? Is there additional budget money for this?

Woman in Ypsilanti

Thu, Jun 20, 2013 : 2:40 p.m.

I know that early morning fireworks are very rare but 8am seems a little bit early. Otherwise I think it is a good idea. I am not sure about enforcement though. I mean, even when fireworks were entirely illegal, people would be shooting them off at all hours of the night.

TinyArtist

Thu, Jun 20, 2013 : 1:51 p.m.

This is one of those ordinances that needs to be backed up by ordnance.

Sabra C Briere

Thu, Jun 20, 2013 : 1:15 p.m.

Language of the approved ordinance: AN ORDINANCE TO AMEND SECTION 9:266 OF CHAPTER 115 (WEAPONS AND EXPLOSIVES) OF TITLE IX OF THE CODE OF THE CITY OF ANN ARBOR. The City of Ann Arbor Ordains: Section 1. That Section 9:266 of Chapter 115 of Title IX of the Code of the City of Ann Arbor be amended to read as follows: 9:266. - Use of fireworks. "National Holidays" are the following established holidays: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day. This list may be amended to reflect acts of Congress. (1) No person shall knowingly fire, discharge, display, or possess any ignite, discharge, or use consumer fireworks, as defined in the Michigan fireworks safety act, 2011 PA 256 (MCL 28.451, et seq), as amended from time to time ("the Act"), except of the type and under the conditions permitted by Chapter 39 of the Penal Code of the State of Michigan, as amended, and of Article 28 of the Fire Prevention Code of the City of Ann Arbor; the City Council shall grant permits for the use of fireworks under Chapter 39 after approval of applications for the permits by the fire chief and the chief of police this section and the Act. (2) A person may ignite, discharge, or use consumer fireworks, as defined in the Act, on the following days during the hours specified: (a) between the hours of 12 midnight and 1:00 a.m. and between the hours of 8:00 a.m. and 11:59 p.m. on New Year's Day; and, (b) between the hours of 8:00 a.m. and 11:59 p.m. on the day of all other national holidays, as well as on the day preceding and the day after New Year's Day and all other national holidays. Any other ignition, discharge, or use of consumer fireworks is prohibited. (3) A violation of this section shall be a civil infraction subject to a fine of not more than $500.00 plus costs. Section 2. That this Ordinance shall take effect on the tenth day following legal publication.

Billy

Thu, Jun 20, 2013 : 2:19 p.m.

Ok, so State law supersedes the noise ordinance.....and then the new STATE bill change will allow for the new LOCAL firework ordinance to be valid. The ordinance is being created in anticipation of the bill change. That makes sense to me. Question answered.

Sabra C Briere

Thu, Jun 20, 2013 : 1:37 p.m.

Billy and others, Last year, the state changed to fireworks laws, making it legal to use fireworks on the day before, the day of, and the day after a national holiday. In this case, the state law took precedence over the local ordinance. Our noise ordinance could not be enforced on those specific days. When the state legislature agreed this month that local municipalities could restrict 'consumer' (non-professional) fireworks to specific hours, the Council agreed to change its 'weapons and explosives' ordinance to match state law. On those specific days (listed in the ordinance) the state law and the weapons and fireworks ordinance are enforced. The weapons and fireworks ordinance prohibit fireworks completely on all other days of the year. The noise ordinance prohibits a variety of loud noises before 7 am and after 10 pm on all other days of the year - and on these holidays, it still applies to construction noise, amplified noise, mechanical noise . . . Fireworks displays - like the ones I remember at Buhr Park and the airport - still require a permit.

Jon Wax

Thu, Jun 20, 2013 : 1:31 p.m.

ok... so that covers the 15 people who read annarbor.com. how are you guys going about letting the REST of the locals know? or is it just gonna be up to the officer to explain it as he is writing up the ticket? also, most folks speak human english, not lawyerese. i've reread this ordinance as posted about 3 times and it's not really making sense: "(2) A person may ignite, discharge, or use consumer fireworks, as defined in the Act, on the following days during the hours specified: (a) between the hours of 12 midnight and 1:00 a.m." you're saying 12 is the cutoff but the ord. says 1am, yeah? Peace Wax

Billy

Thu, Jun 20, 2013 : 1:27 p.m.

Ok so it seems like this ordinance is in direct conflict with the noise ordinance. Which one takes precedence?

Jon Wax

Thu, Jun 20, 2013 : 1:02 p.m.

how is this going to be enforced? did you guys buy some drones that weren't reported on? you're gonna have to have some serious control of time, space and dimension in order to be everywhere all at once. also, most folks who are in to fireworks aren't in to annarbor.com so how is this gen pop going to be informed of this change? at the time of the ticket is issued? Peace Wax

Billy

Thu, Jun 20, 2013 : 12:33 p.m.

So which ordinance takes precedence? The noise ordinance that says no loud noise after 10pm? Or the firework ordinance that says you can set firecrackers off until Midnight?

hepcat

Thu, Jun 20, 2013 : 2:49 p.m.

The problem isn't the city ordinance but the state law passed last year by the Republican legislators and governor that made previously banned fireworks legal . This law does not allow local governments to ban fireworks on holidays no matter what the noise ordinances are.

Ryan J. Stanton

Thu, Jun 20, 2013 : 2:09 p.m.

From the text Sabra posted below: (2) A person may ignite, discharge, or use consumer fireworks, as defined in the Act, on the following days during the hours specified: (a) between the hours of 12 midnight and 1:00 a.m. and between the hours of 8:00 a.m. and 11:59 p.m. on New Year's Day; and, (b) between the hours of 8:00 a.m. and 11:59 p.m. on the day of all other national holidays, as well as on the day preceding and the day after New Year's Day and all other national holidays. Any other ignition, discharge, or use of consumer fireworks is prohibited.

Billy

Thu, Jun 20, 2013 : 12:59 p.m.

That doesn't answer the question....which one will take precedence? THe new ordinance says "something" is legal. The other ordinance says that "something" is specifically ILLEGAL. Of course if the new ordinance is actually worded to say when you CAN'T discharge fireworks, then it wouldn't be a problem...but that is not what is implied in the article. Posting the text of the new ordinance would be very helpful.

Ryan J. Stanton

Thu, Jun 20, 2013 : 12:50 p.m.

The City Council is expressly stating through this ordinance that you can set of fireworks until midnight around holidays like the Fourth of July, so I think that's your answer.

Nicholas Urfe

Thu, Jun 20, 2013 : 12:29 p.m.

Great idea! Ypsi should pass a law banning random gunfire, especially on NYE.

Billy

Thu, Jun 20, 2013 : 1:02 p.m.

Sigh..../facepalm...

Kyle Mattson

Thu, Jun 20, 2013 : 12:50 p.m.

Hi NU- That is actually in place 365 for Ypsi and Ypsi Twp: City: "No person shall discharge any weapon within the city, except in connection with a regularly scheduled educational, recreational or training program under adequate supervision, including therein instruction in the use of weapons, a police department range, in connection with the performance of lawful duties of law enforcement or in connection with the protection of persons or property as provided by state law." Twp: Discharge of firearm. It shall be unlawful for any person to discharge a firearm within 150 yards of an occupied building, dwelling, house, residence or cabin, or any barn or other building used in connection with a farm operation.

Robert Granville

Thu, Jun 20, 2013 : 12:26 p.m.

I would rather see the cutoff time at 12:30 or 1:00 but it's quite reasonable nonetheless.

Billy

Thu, Jun 20, 2013 : 12:17 p.m.

This is an entirely unnecessary ordinance change. Setting fireworks off after 10pm and before 8am every single day is already a civil infraction because of the NOISE they generate. This is as useless as the texting ban is....IT IS ALREADY ILLEGAL UNDER CURRENT LAWS...enforce those first...

Brad

Thu, Jun 20, 2013 : 1:03 p.m.

The state law superseded local law as it always does, Billy. This ordinance change anticipates a corresponding change in state law that allows the city to make such restrictions.

Billy

Thu, Jun 20, 2013 : 12:31 p.m.

We're talking about a local ordinance change here, not the state law. My point is that this new ordinance doesn't stop fireworks any better than the previous NOISE ordinance would. Also...this part right here should spell out WHY this is unnecessary. "The council-approved ordinance mimics changed state law" If the ordinance is mimicking the state law....then it is not needed...I mean unless the city wants to be able to get the fines instead........oh wait...

Robert Granville

Thu, Jun 20, 2013 : 12:26 p.m.

None sure that you're right about that. Ann Arbor's noise laws are local... the fireworks laws that allow them are state laws.

bbb

Thu, Jun 20, 2013 : 12:16 p.m.

What's defined as a national holiday? Is it all the federal holidays where the government offices are closed? If so, that also means being able to set off fireworks for MLK Day, Columbus Day, and other such holidays.

Homeland Conspiracy

Thu, Jun 20, 2013 : 3:08 p.m.

"Sounds" good to me

ez12c

Thu, Jun 20, 2013 : 12:15 p.m.

Probably should have allowed it until 12:15am.

a2citizen

Thu, Jun 20, 2013 : 12:07 p.m.

Hopefully, the city has a plan on how to enforce this.

Hmm

Thu, Jun 20, 2013 : 4:07 p.m.

Exactly. Good luck enforcing this one. Takes about :30 to set off a firework, by the time the police arrive it's over and done with and then what are they going to do? "We weren't shooting off fireworks officer, honest!"

JPLewis

Thu, Jun 20, 2013 : 1:02 p.m.

That's funny.

West Park

Thu, Jun 20, 2013 : 11:32 a.m.

My gosh, Thank You.

Martha Cojelona Gratis

Thu, Jun 20, 2013 : 11:17 a.m.

It would be great if the city set up a firework show. Possibly at Top of the Park?

Linda Peck

Thu, Jun 20, 2013 : 11:01 a.m.

I am very happy about this. Thank you, City Council.