[Code 1955, § 2-6.1]
Pursuant to the power granted to cities by Subsection (k) of Section 3 of Act 279 of the Public Acts of 1909, as amended, the Michigan State Police Rules and Regulations for Storage and Handling of Explosives, adopted and promulgated by the Commissioner of the state police and published in Michigan Administrative Code, 1944, page 1403 et seq., as amended, which constitute a code within the meaning of such Act, are hereby adopted as a part of this Code; provided, that whenever any act is prohibited in the state by such regulations, such prohibition shall extend only to the City for the purpose of this Code.
[Code 1955, § 2-6.2]
No person shall introduce of have in his possession any nitroglycerine or other explosives, except dynamite, detonators and caps therefor, within the City, except for explosives in legal transit.
[Code 1955, § 2-6.3; Ord. No. 715; amended 4-17-2013 by Ord. No. 1603; 6-26-2013 by Ord. No. 1610]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- ARTICLES PYROTECHNIC
- 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.
- CONSUMER FIREWORKS
- Firework devices that are designed to produce visible efforts 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 American Pyrotechnics Association (APA) Standard 87-1, 3.1.2, 3.3.3, or 3.5. Consumer fireworks do not include low-impact fireworks.
- DISPLAY FIREWORKS
- 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, as provided in 27 CFR 555.11, 49 CFR 172, and APA Standard 87-1, 4.1.
- FIREWORK or FIREWORKS
- Any composition or device, except for a starting pistol, a flare gun, or a flare, designated 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.
- LOW-IMPACT FIREWORKS
- Ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 126.96.36.199 to 188.8.131.52, and 3.5.
- NATIONAL HOLIDAY
- The following legal public holidays:
- (1) New Year's Day, January 1.
- (2) Birthday of Martin Luther King, Jr., the third Monday in January.
- (3) Washington's Birthday, the third Monday in February.
- (4) Memorial Day, the last Monday in May.
- (5) Independence Day, July 4.
- (6) Labor Day, the first Monday in September.
- (7) Columbus Day, the second Monday in October.
- (8) Veteran's Day, November 11.
- (9) Thanksgiving Day, the fourth Thursday in November.
- (10) Christmas Day, December 25.
- 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:
- (1) 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.
- (2) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection (1) above 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 projectile or missile by the explosion.
- (3) Filter sparklers in paper tubes not exceeding 1/8 inch in diameter.
- (4) 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 the quantity contained in each box are printed on the box; and toy smoke devices.
Prohibition on use of consumer fireworks. No person shall ignite, discharge or use consumer fireworks within the City, except this prohibition shall not preclude any person from igniting, discharging and using consumer fireworks during permitted hours on the day preceding, the day of, or the day after a national holiday in a manner not otherwise prohibited by law.
Limitation on hours of use. On the day preceding, the day of, or the day after a national holiday, no person shall ignite, discharge or use consumer fireworks within the City between the hours of 1:00 a.m. and 8:00 a.m.
Prohibited consumer firework use locations. No person shall ignite, discharge, use or leave remnants of consumer fireworks within the City on public property, public streets, public rights-of-way, school property, church property, or the property of another person without that organization's or person's express permission. "Property of another person" includes, but is not limited to, hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas.
Prohibited transfer to minors. No person shall offer for sale, expose for sale or retail, give or furnish to any person under the age of 18 years any consumer fireworks, as defined herein, within the City.
Prohibited acquisition by minors. No person under the age of 18 years shall buy, purchase, acquire or obtain any consumer fireworks, as defined herein, within the City.
Limitations on use by minors. No person under the age of 18 years shall ignite, discharge or use any consumer fireworks, as defined herein, within the City, unless under the direct supervision of an adult; provided, however, that such adult is not otherwise disqualified from using of consumer fireworks or low-impact fireworks pursuant to MCLA 28.462(3).
Knowingly allow use in violation of prohibition. No person owning or having control over property within the City shall knowingly allow another person to ignite, discharge, or use consumer fireworks on such property in violation of the prohibition as stated in Subsection (b) herein.
Limitations on use of articles pyrotechnic and display fireworks. No person shall ignite, discharge or use articles pyrotechnic or display fireworks within the City without first securing a permit for such use from the Chief of the Department of Public Safety.
Permit for public display. Upon application, in writing, by any association or group of individuals for the public display of fireworks, the Chief of the Department of Public Safety may grant a permit for such display, subject to such conditions as they may impose to property safeguard the public, both as to persons and property.
Enforcement. The Chief of the Department of Public Safety, his designees and sworn law enforcement officers are authorized to enforce the provisions of this section.
Violations, fines, penalties and seizure.
Any person, firm, corporation or entity violating Subsections (b), (h) or (i) of this section shall be guilty of a misdemeanor, punishable by up to 90 days in jail and/or a fine up to $500.
Any person, firm, corporation or entity violating Subsections (c), (d), (e), (f) or (g) of this section shall be responsible for a Class III municipal civil infraction and subject to the civil fine set forth in the schedules of civil fines in Section 2-118 of the Holland City Code and any other relief that may be imposed by the court.
If the Chief of the Department of Public Safety, his designee or a sworn law enforcement officer determines that a violation of this section has occurred, he or she may seize the consumer fireworks as evidence of the violation.
Following the final disposition of a finding of responsibility for violating this section, the City may dispose of or destroy any consumer firework retained as evidence in that prosecution.
In addition to any other penalty, a person, firm, corporation, or entity that is found responsible for a violation of this section shall be required to reimburse the City for the costs of storing, disposing of, or destroying the consumer fireworks that were confiscated for a violation of this section.