Fireworks show earns man citation

KALAMAZOO, Mich. (WOOD) - Michigan's new fireworks law is causing confusion.

The law states that on a national holiday, the day before or the day after, local laws cannot restrict citizens' use of fireworks. That applies to the 10 national holidays -- making 30 days out of the year, essentially, a fireworks free-for-all.

But it may not be that simple, and one West Michigan township has used other rules like noise ordinances to ticket people.

A Kalamazoo Township man called 24 Hour News 8 after police hit him with a misdemeanor.

Karl Andrzejewski and his buddies spent more than a $100 on fireworks Memorial Day weekend. They put on a show in his yard for about 45 minutes on Sunday.

"I just enjoy fireworks like an art," said Andrzejewski. "It's an expression like an art."

A little while after the show, an officer circling the neighborhood cited Andrzejewski for violating the noise ordinance that begins at 9 p.m.

But state law seems to prohibit that. Andrzejewski said he pointed that out to the officer, who threatened to take him to jail.

"I don't think this ticket should stick on a national holiday," said Andrzejewski. "I think they should make it so you can light off fireworks until 10 or something. People are going to want to light off fireworks year-round. They're opening permanent stores in some of these towns."

The township admits the law is confusing.

"The question is whether the state supersedes all township ordinances or only those relating to fireworks," said Kalamazoo Township Clerk Donald Thall. "One of the questions is, depending on what he's using for fireworks, if there's wind blowing, all of the debris could land in someone else's yard. Is he littering then?"

The township has sent the case over to its lawyer to make sure it's following the law. Thall said that if the township attorney finds the township is not in compliance with the law, the citation will likely be thrown out.

Andrzejewski vows to take the case as far as he can.

"I have no choice but to fight this ticket because its not right," he said.

Andrzejewski's court date is scheduled for June 11.

In the meantime, he wants to start a movement for the township to start enforcing the noise ordinance at 11 p.m. instead of 9 p.m.

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Online:

Frequently asked fireworks safety questions (pdf)

Michigan Bureau of Fire Services