[Amended 6-15-2011 by Ord. No. 470; 5-16-2012 by Ord. No.
476]
As used in this act, the following terms shall have the meanings
indicated:
Fireworks devices distributed to farmers, ranchers, and growers
through a wildlife management program administered by the United States
Department of the Interior or the Department of Natural Resources
of this state.
2001 APA Standard 87-1, Standard for Construction and Approval
for Transportation of Fireworks, Novelties, and Theatrical Pyrotechnics,
published by the American Pyrotechnics Association of Bethesda, Maryland.
Pyrotechnic devices for professional use that are similar
to consumer fireworks in chemical composition and construction but
not intended for consumer use, that meet the weight limits for consumer
fireworks but are not labeled as such, and that are classified as
UN0431 or UN0432 under 49 CFR 172.101.
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 do not include low-impact fireworks.
A certificate issued under Section 4.[1]
The Department of Licensing and Regulatory Affairs.
Large fireworks devices that are explosive materials intended
for use in fireworks displays and designed to produce visible or audible
effects by combustion, deflagration, or detonation.
Any composition or device, except for a starting pistol,
a flare gun, or a flare, designed for the purpose of producing a visible
or audible effect by combustion, deflagration, or detonation. Fireworks
consist of consumer fireworks, low-impact fireworks, articles pyrotechnic,
display fireworks, and special effects.
Ground and handheld sparkling devices as that phrase is defined
under APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8 and 3.5.
An individual who is less than 18 years of age.
The Code of Fireworks Display, 2010 Edition, developed by
NFPA.
The Code for the Manufacture Transportation, Storage, and
Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition,
developed by NFPA.
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:
Toy plastic or paper caps for toy pistols in sheets, strips,
rolls, or individual caps containing not more than 0.25 of a grain
of explosive content per cap, in packages labeled to indicate the
maximum explosive content per cap.
Toy pistols, toy cannons, toy canes, toy trick noisemakers,
and toy guns in which toy caps as described in Subsection A 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.
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
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 quantity contained in each box are printed on the box; and
toy smoke devices.
A building or structure that is affixed to a foundation on
a site that has fixed utility connections and that is intended to
remain on the site for more than 180 consecutive calendar days.
An individual, agent, association, charitable organization,
company, limited-liability company, corporation, labor organization,
legal representative, partnership, unincorporated organization, or
any other legal or commercial entity.
A person who sells consumer fireworks or low-impact fireworks
for resale to an individual for ultimate use.
A facility listed under NFPA 1124, 7.1.2 and Section 5 of
Act 256 of PA 2011.[2]
A combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere and
designed and intended to produce an audible, visual, mechanical, or
thermal effect as an integral part of a motion picture, radio, television,
theatrical, or opera production or live entertainment.
The state fire marshal appointed under Section 1b of the
Fire Prevention Code, 1941 PA 207, MCLA 29.1b.
A permanent building or structure used primarily for the
storage of consumer fireworks or low-impact fireworks.
Any person who sells consumer fireworks or low-impact fireworks
to a retailer or any other person for resale. Wholesaler does not
include a person who sells only display fireworks or special effects.
No person shall sell any consumer fireworks to a minor. [Sec.
12(2)[1]]
[1]
Editor's Note: See MCLA 28.462(2).
A person shall not sell consumer fireworks in the City unless
the person annually obtains a consumer fireworks certificate from
the Department of Licensing and Regulation of the State of Michigan
under Section 4 of Act 256 of PA 2011 (MCLA 28.454).
Consumer fireworks shall only be sold from a retail location
meeting the requirements Section 5 of Act 256 of PA 2011 (MCLA 28.455).
A person shall not sell low-impact fireworks unless he or she
has registered with the low-impact fireworks retail registry not less
than 10 days before selling the fireworks in each calendar year pursuant
to Section 6 of Act 256 of PA 2011 (MCLA 28.456).
Novelties, consisting of snappers, drop pops, snakes, party
poppers, smoke balls and sparkling devices and any other device defined
under APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4 and 3.2.5,
as amended, may be sold, stored, displayed for sale, transported,
used or distributed without regulation.
A.
A person shall not ignite, discharge, or use consumer fireworks on
public property, school property, church property, or the property
of another person without that organization's or person's
express permission to use those fireworks on those premises. [Sec.
12(1) Act 256 PA 2011[1]]
[1]
Editor's Note: See MCLA 28.462(1).
A.
The City Council upon application in writing on forms provided by
the State of Michigan and payment of a fee set from time to time by
the legislative body, if any, may grant a permit for the use of agricultural
or wildlife fireworks, articles pyrotechnic, display fireworks, or
special effects manufactured for outdoor pest control or agricultural
purposes, or for public or private display within the City, village,
or township by municipalities, fair associations, amusement parks,
or other organizations or individuals approved by the City Council,
if the applicable provisions of this act are complied with. After
a permit has been granted, sales, possession, or transportation of
fireworks for the purposes described in the permit only may be made.
A permit granted under this subsection is not transferable and shall
not be issued to a minor.
B.
Before a permit for articles pyrotechnic or a display fireworks ignition
is issued, the person, firm, or corporation applying for the permit
shall furnish proof of financial responsibility by a bond or insurance
in an amount, character, and form deemed necessary by the local governing
authority to satisfy claims for damages to property or personal injuries
arising out of an act or omission on the part of the person, firm,
or corporation or an agent or employee of the person, firm, or corporation,
and to protect the public.
C.
A permit shall not be issued under this act to a nonresident person,
firm, or corporation for ignition of articles pyrotechnic or display
fireworks in this state until the person, firm, or corporation has
appointed in writing a resident member of the bar of this state or
a resident agent to be the legal representative upon whom all process
in an action or proceeding against the person, firm, or corporation
may be served.
D.
The City Council shall rule on the competency and qualifications
of articles pyrotechnic and display fireworks operators as required
under NFPA 1123, as the operator has furnished in his or her application
form, and on the time, place and safety aspects of the display of
articles pyrotechnic or display fireworks before granting permits.
A.
The City and its law enforcement agency that identifies a firework
that is in violation of this article shall confiscate the firework
and notify the state authorities of said action; and
[Added 9-18-2013 by Ord. No. 481]
A.
A person shall not ignite, discharge or use consumer fireworks, as
such term is defined in by state law, within the City limits except
for the use of consumer fireworks on the day preceding, the day of,
or the day after the following national holidays:
(1)
New Year's Day, but not between 1:00 a.m. and 8:00 a.m.
(2)
Martin Luther King, Jr. Day, but not between 12:00 midnight
and 8:00 a.m.
(3)
President's Day, but not between 12:00 midnight and 8:00
a.m.
(4)
Memorial Day, but not between 12:00 midnight and 8:00 a.m.
(5)
Independence Day, but not between 12:00 midnight and 8:00 a.m.
(6)
Labor Day, but not between 12:00 midnight and 8:00 a.m.
(7)
Columbus Day, but not between 12:00 midnight and 8:00 a.m.
(8)
Veterans Day, but not between 12:00 midnight and 8:00 a.m.
(9)
Thanksgiving Day, but not between 12:00 midnight and 8:00 a.m.
(10)
Christmas Day, but not between 12:00 midnight and 8:00 a.m.
B.
A person shall not ignite, discharge, or use consumer fireworks on
public property, school property, church property, or the property
of another person without that organization's or person's
express permission to use those fireworks on those premises. Except
as otherwise provided in this subsection, a person that violates this
subsection is responsible for a civil infraction and may be ordered
to pay a civil fine of not more than $500.
C.
Consumer fireworks shall not be ignited, discharged or used by a
person under the influence of alcoholic liquor or controlled substance
or a combination of both.
D.
Low-impact fireworks shall not be ignited, discharged or used by
a person under the influence of alcoholic liquor or controlled substance
or a combination of both.
E.
Unmanned free-floating devices. Any unmanned free-floating device
(sky lantern) which requires fire underneath to propel it and is not
moored to the ground while aloft has an uncontrolled and unpredictable
flight path and descent area so as to pose a potential fire risk and
is therefore prohibited.
F.
Unless otherwise provided in Subsection B above, if a person knowingly,
intentionally, or recklessly violates this section, the person is
guilty of a misdemeanor as follows:
(1)
Except as otherwise provided in Subsection F(2) below, a misdemeanor
punishable by imprisonment for not more than 30 days or a fine of
not more than $500, or both.
(2)
If the violation causes damage to the property of another person,
a misdemeanor punishable by imprisonment for not more than 90 days
or a fine of not more than $500, or both.
