City of Royal Oak, MI Chapter 345 Fireworks

[HISTORY: Adopted by the City Commission of the City of Royal Oak 6-4-2012 by Ord. No. 2012-04.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Special events — See Ch. 312.

Hazardous materials and incendiary-type fires — See Ch. 379.

General licensing — See Ch. 425, Art. II.

Parks and public recreational facilities — See Ch. 515.

[1] Editor’s Note: This ordinance also repealed former Ch. 345, Fireworks, adopted 6-2-1997 by Ord. No. 97-6.

§ 345-1 Short title.

This chapter shall be known and may be cited as the "2012 Fireworks Ordinance."

§ 345-2 Statement of purpose; repealer.

This is a chapter to repeal existing Chapter 345, Fireworks, of the City Code, and to adopt a new chapter to provide for the regulation of the ignition, discharge and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, MCLA § 28.451 et seq., as amended.

§ 345-3 Definitions.

[Amended 2-11-2019 by Ord. No. 2019-01]

As used in this chapter, the following terms shall be defined as follows:

APA STANDARD 87-1

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.

CONSUMER FIREWORKS

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" does not include low-impact fireworks.

FIREWORKS

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.

LOW-IMPACT FIREWORKS

Ground and handheld sparkling devices as that phrase is defined under APA Standards 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.

MINOR

An individual who is less than 18 years of age.

§ 345-4 Ignition, discharge and use of consumer fireworks.

[Amended 8-12-2013 by Ord. No. 2013-12; 2-11-2019 by Ord. No. 2019-01]

A. Except as provided in this section, a person shall not ignite, discharge, or use consumer fireworks at any time.

B. A person may ignite, discharge, or use consumer fireworks on the following days during the following hours:

(1) Between 11:00 a.m. on December 31 and 1:00 a.m. on the immediately following January 1.

(2) Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Memorial Day.

(3) Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Memorial Day.

(4) Between 11:00 a.m. and 11:45 p.m. on June 29, June 30, July 1, July 2, July 3 and July 4.

(5) Between 11:00 a.m. and 11:45 p.m. on July 5, if that date is a Friday or a Saturday.

(6) Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Labor Day.

(7) Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Labor Day.

C. A violation of this section is a civil infraction, punishable by a fine of $1,000. Of that fine, $500 must be remitted to the Royal Oak Police Department.

§ 345-5 Possession of consumer fireworks by minor.

A minor shall not possess consumer fireworks.

§ 345-6 Ignition, discharge or use of consumer fireworks on public property, school property, church property or the property of another person.

[Amended 2-11-2019 by Ord. No. 2019-01]

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.

B. A violation of this section is a civil infraction, punishable by a fine of not more than $500.

§ 345-7 Ignition, discharge, or use of consumer fireworks while under the influence.

[Amended 2-11-2019 by Ord. No. 2019-01]

A. A person shall not ignite, discharge, 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.

B. As used in this section, "alcoholic liquor" means that term as defined in Section 1d of the Michigan Vehicle Code, MCL § 257.1d, as may be amended, and "controlled substance" means that term as defined in Section 8b of the Michigan Vehicle Code, MCL § 257.8b, as may be amended.

C. A violation of this section is a civil infraction, punishable by a fine of not more than $1,000.

§ 345-8 Determination of violation; seizure; destruction; storage costs.

[Added 2-11-2019 by Ord. No. 2019-01]

A. If the Royal Oak Police Department determines through its investigation that a violation of this chapter has occurred, the Department may seize the firework as evidence of the violation. The Department shall store, or cause to be stored, the evidence seized under this section pending disposition of any proceedings arising from the violation.

B. Following a final disposition of an appeal of a finding of responsibility under this chapter that affirms the finding, the Department may dispose of or destroy any fireworks retained as evidence in that proceeding.

C. A person from whom fireworks are seized under this chapter shall pay the actual costs of storage and disposal of the seized fireworks if found responsible for a violation of this chapter.