Royal Oak City Commissioners will consider a resolution Monday urging the state to repeal the Michigan Fireworks Safety Act of 2011, which critics say takes away local control and makes the cities like Royal Oak powerless to regulate activities that may endanger citizens.
Public Act 256, which prohibits local governments from regulating the sale, display, storage, transportation or distribution of fireworks, took effect Jan. 1, 2012.
Royal Oak city commissioners opposed it then, and the issue is being brought up again at the request of Mayor Jim Ellison and Commissioner Mike Fournier.
“The loss of local control on this important issue risks the quality of life and safety that our residents expect us to preserve,” Ellison said in a statement. “The irony of the Michigan Fireworks ‘Safety’ Act is that it allows for the storage of explosives next to our homes and businesses.”
They said the law limits the authority of the Royal Oak Planning Commission over a proposed retail fireworks store located at 1638 E. Lincoln. The Planning Commission will take that proposal up Tuesday.
“Despite receiving numerous quality of life concerns from residents on this proposal, Act 256 expressly limits our ability deny the plan simply because the use of the property is the retail sale of fireworks,” said Ellison, who is also a longstanding member of the planning commission.
“The act basically prohibits a local unit of government from treating a fireworks store differently than any other retail use,” he said.
The mayor said he is also concerned with fireworks-related noise, litter and a rise in complaints to public safety officials since the law went into effect.
Monday’s commission meeting begins at 7:30 p.m. and will be held in Room 315 of City Hall.