Michigan Criminal Attorneys Blog
The following are misdemeanor offenses related to fireworks that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances. The numbers listed below are from the Troy Criminal Code:
98.15.01 Fireworks. An individual shall not fire, discharge, display or possess any fireworks, except as permitted by state law and this ordinance. There shall be no ignition, discharge or use of consumer fireworks on all days except for a national holiday. National holiday is further defined to include only the following federal holidays, including the day preceding and the day following the federal holiday: New Year’s Day, the birthday of Martin Luther King, Jr., Washington’s birthday (President’s Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day. On these holiday dates only, persons are permitted to ignite, discharge, or use fireworks between the hours of 8:00 am to 12 am (midnight) for each of these days, and between 8:00 am and 1:00 am on New Years Day only, in accordance with state and local law. A person who ignites, uses, or discharges a consumer firework at any time except as set forth above is responsible for a municipal civil infraction, which is punishable by a fine of up to $500. A person who violates any other portion of this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.
98.15.02 Ignition, Use, Discharge of Fireworks while Under the Influence of Alcohol or Controlled Substances. An individual shall not discharge, ignite, or use consumer fireworks or low impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, which are defined under the Michigan vehicle code, 1949 PA 300 and any amendment. A person who ignites, uses, or discharges fireworks in violation of this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.
98.15.03 Discharge of Fireworks on Public Property. An individual shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another without that organization’s or person’s express permission to use those fireworks on those premises. A person who ignites, uses, or discharges fireworks violation of this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.
According to Troy Criminal Code 98.01.03, in addition to the penalties provided above, the court may impose any sanction or remedial measure provided in state law for misdemeanor offenses.
A person who aids, abets, counsels, commands, or procures the commission of the above offenses shall be punished as if that person were the principal. A principal is a person who commits any of the above listed offenses. The word “person” includes any individual, co-partnership, corporation, association, club, joint venture, estate, trust, and any other group or combination acting as a unit, and the individuals constituting such group or unit.
When charged with an offense related to fireworks in Troy, Michigan it is important to hire an experienced local criminal lawyer to assist you. An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.
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