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Updated: Monday, 11 Jun 2012, 11:28 PM EDT
Published : Monday, 11 Jun 2012, 10:02 PM EDT
GRAND RAPIDS, Mich. (WOOD) - Ever since a new state law went into effect in January, there have been questions about when and where people can use now-legal and more powerful fireworks.
Now, the question at hand is whether West Michigan's largest city can ban them.
The Grand Rapids City Commission is going to take a look at an ordinance Tuesday that would ban setting off fireworks on all other days than the 30 mandated by state law.
The Michigan law currently states that local municipalities can't prohibit residents from setting off the newly-legal fireworks on the 10 national holidays, the day before and the day after.
"I really, truly believe it's a civil right issue and there should be no reason that someone that is a consenting adult can't light off fireworks at a reasonable hour on their own property," said Ryan Kost of Big Fireworks on 28th Street in Grand Rapids.
But officials say there are other factors to consider.
"This issue was brought forward by public safety because of the issue of noise complaints, and just the frequency with which citizens are discharging fireworks in the city," said Grand Rapids City Attorney Catherine Mish.
That's why the city commission will consider creating a new local law -- a law 24 Hour News 8 was told the police department favors.
If it passes, it will become a misdemeanor to set off fireworks in Grand Rapids on those other days of the year -- meaning you could go to jail for 90 days and get a $500 fine.
The new state law says it's all right for adults to buy and set off more powerful fireworks that go high into the sky and make a lot of noise. But if the city commission approves the new ordinance, Grand Rapids residents won't be allowed to set off the large fireworks on any given day.
"I think it becomes a neighborhood issue, in terms of preserving the peace in the neighborhoods. Very similar to loud parties or loud stereo complaints, which are very often a neighborhood issue and tend to be very high on the priority list for neighborhoods," said Mish.
"Our thoughts are that they already have a noise ordinance on the books in Grand Rapids and putting another law to ban fireworks in the books would just be an unnecessary law that they don't need," said Kost.
If that noise ordinance does in fact apply to fireworks, it would mean city residents can't set them off from 10 p.m. until 7 a.m.
If the ordinance passes as it is written now, Grand Rapids residents will still be able to use things like sparklers.
"As of right now, the proposal before the Grand Rapids city commission would be a ban," said Mish. "Although they certainly could look at other options if they wish to do so."
The first reading of the ordinance is Tuesday. If it passes, it could become law as early as July 1.
-- Chart of legal fireworks in Michigan (jpg) --
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