Fireworks Regulation Ordinance

Below is the ordinance regulating the use of consumer fireworks within the City limits. Link to full ordinance


Sec. 30-121. - Purpose of article.
It is the purpose of this article to regulate the ignition, discharge, and use of consumer fireworks in the city.

(Ord. of 6-4-12)
Sec. 30-122. - Ignition, discharge, and use of consumer fireworks (see definition of "consumer fireworks" below under Michigan Public Act 256 of 2011).
The City of Iron Mountain hereby ordains it shall be unlawful for any person, entity, or corporation, to discharge within the city limits of the City of Iron Mountain any consumer fireworks as that term has been defined by Michigan law except on those days in which such regulation is prohibited under Michigan Public Act 256 of 2011 (see below).

(Ord. of 6-4-12) 

Sec. 30-123. - Enforcement of article; civil infraction.
Penalties for civil infractions. Any person violating any provisions of this article shall be responsible for a civil infraction. The penalty for the first offense shall be $50.00 and for the first repeat offense, $150.00. Repeat offense shall be determined as defined in chapter 38. For any second of subsequent repeat offense, the fine shall be no more than $500.00. It shall be the duty of the chief of police of the city, or his authorized representative, to enforce the provisions of this article. If, after investigation, the chief of police, or his authorized representative, determines that a violation of this article exists, he shall be authorized to issue a municipal civil infraction notice and/or municipal civil infraction citation to any person that is responsible for violating the provisions of this article. Service of such civil infraction citation or civil infraction notice shall be made in accordance with chapter 38.


Note: "Consumer fireworks" as defined by Michigan law do not include novelty (ie sparklers, pops etc.) or low-impact (ie fountains etc.) The ordinance would not regulate the use of "consumer fireworks" on the day before, day of, or day after any National holiday.

Act 256 of 2011

28.452 Definitions.

(e) "Consumer fireworks" means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

(k) "Low-impact fireworks" means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, to, and 3.5.

(t) "Novelties" means that term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following: (i) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.

(ii) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (i) are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.

(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

(iv) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box; and toy smoke devices.

28.457 Local ordinances. 

Sec. 7.

(1) Except as provided in this act, a local unit of government shall not enact or enforce an ordinance, code, or regulation pertaining to or in any manner regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act.

(2) A local unit of government may enact an ordinance regulating the ignition, discharge, and use of consumer fireworks. However, an ordinance enacted under this subsection shall not regulate the use of consumer fireworks on the day preceding, the day of, or the day after a national holiday.

History: 2011, Act 256, Eff. Jan. 1, 2012