Brighton City Council Looks to Regulate Fireworks Usage

Brighton City Council members made a recommendation to the city attorney to draft a new ordinance that would limit the ignition of fireworks to the day before, day of and day after a federal holiday for a future first reading.

The previous ordinance completely prohibited the use of fireworks within the city due to a fatality involving a fireworks display in the 1980s, according to Fire Chief Mike O'Brian. However, it became obsolete last year when state legislators authorized the sale of airborne fireworks to generate sales tax revenue and vendor registration fees. 

Cities and townships cannot block the usage of fireworks, but do have limited power to restrict where and when people can light them off. The law bars municipalities from regulating fireworks use on federal holidays – such as July 4 – or the day right before and after.

The second ordinance option that City Council members discarded was to allow fireworks every day, but prohibit use between 10 p.m. and 8 a.m.

"I would say you've got some isolated pockets where people are thrilled that these fireworks are legal and those isolated individuals lit them all summer long and well into the fall," Council member Shawn Pipoly said.

The new ordinance would also prohibit people from igniting fireworks on public, school or church property or another person's property without that organization's or person's permission to do so. In addition, those igniting fireworks cannot be under the influence of alcohol, a controlled substance or a combination of the two. 

A person violating the ordinance could be charged with a civil infraction and given a fine of not more than $500. 

Police Chief Tom Wightman said unless council drafted an ordinance, officers would not be able to take any legal action when residents called to complain about fireworks or firecrackers in their neighborhoods. 

"We didn't have a whole lot of calls on it last year," Wightman said. "The state law that changed last year came around kind of late in the year for there to be a whole lot going on. They didn't sell a lot of state permits for the vendors. This year we expect all the people who sell fireworks are fully aware, which means they have plenty of time to get permits. So there's going to be a lot of people out there selling them and they will be out in the public, available. We do anticipate a much greater use of them this year."

Council member Claudia Roblee requested that the ordinance contain a clause that would allow City Council to approve a special permit to allow display fireworks during a civic event. 

Did City Council make the right choice between limiting days or limiting hours that fireworks can be used? Tell us in the comments.