[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,[1] 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.
[1]
Editor's Note: See MCLA § 117.3(k).
[Code 1955, § 2-6.2]
No person shall introduce or have in his or her 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; 2-20-2019 by Ord. No. 1764]
(a)
ARTICLES PYROTECHNIC
CONSUMER FIREWORKS
DISPLAY FIREWORKS
FIREWORK or FIREWORKS
HOMEMADE FIREWORKS
LOW-IMPACT FIREWORKS
NOVELTIES
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Firework 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 American Pyrotechnics Association
(APA) Standard 87-1, 3.1.2, 3.3.3, or 3.5. Consumer fireworks do not
include low-impact 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.
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, homemade fireworks and special effects.
Any composition or device designed for the purpose of producing
a visible or audible effect by combustion, deflagration, or detonation
that is not produced by a commercial manufacturer and does not comply
with the construction, chemical composition, and labeling regulations
of the United States Consumer Product Safety Commission under 16 CFR
Parts 1500 and 1507.
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.
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 (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.
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 the quantity contained in each box are printed on the box;
and toy smoke devices.
(b)
Limitation on use of consumer fireworks. No person shall ignite,
discharge or use consumer fireworks in the City except in a manner
not otherwise prohibited by law and except during the following times
and dates:
(1)
From 11:00 a.m. on December 31 until 1:00 a.m. on January 1.
(2)
From 11:00 a.m. on the Saturday and Sunday immediately preceding
Memorial Day until 11:45 p.m. on each of those days.
(3)
From 11:00 a.m. on June 29 to July 4 until 11:45 p.m. on each
of those days.
(4)
From 11:00 a.m. on July 5, if that date is a Friday or Saturday,
until 11:45 p.m.
(5)
From 11:00 a.m. on the Saturday and Sunday immediately preceding
Labor Day until 11:45 p.m. on each of those days.
(c)
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.
(d)
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.
(e)
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.
(f)
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 consumer fireworks or low-impact fireworks pursuant to
MCLA § 28.462(3).
(g)
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.
(h)
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.
(i)
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 properly safeguard
the public, both as to persons and property.
(j)
Enforcement. The Chief of the Department of Public Safety, his or
her designees and sworn law enforcement officers are authorized to
enforce the provisions of this section.
(k)
Violations, fines, penalties and seizure.
(1)
Any person, firm, corporation or entity violating Subsection
(g) or (h) of this section shall be guilty of a misdemeanor, punishable
by up to 90 days in jail and/or a fine up to $500.
(2)
Any person, firm, corporation or entity violating Subsection
(b) of this section shall be responsible for a municipal civil infraction
and subject to the civil fine of $1,000, with $500 remitted to the
City of Holland for enforcing this section pursuant to MCLA § 28.457(3).
(3)
Any person, firm, corporation or entity violating Subsection (c), (d), (e) or (f) 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.
(4)
If the Chief of the Department of Public Safety, his or her
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.
(5)
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.
(6)
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.
