[Adopted 9-4-2012 by Ord. No. 1902; amended in its entirety 8-19-2019 by Ord. No. 19895]
A.
The Michigan Fireworks Safety Act legalized the sale, possession,
and use of consumer fireworks in Michigan while granting limited control
over the use and discharge of fireworks to local communities. Since
the adoption of the Act, the citizens of Kalamazoo have endured the
disruption of the peace and quietude of its residential neighborhoods
resulting in a negative impact to the quality of life of residents.
Additionally, the resources of the City have been impacted due to
increased complaints of noise and personal injuries owing to the use
of fireworks.
B.
The purpose of this article is to impose conditions on the time,
place, and manner of the use and discharge of consumer fireworks so
as to promote the interest of the public health, safety and welfare
consistent with the limitations imposed on municipalities by the Michigan
Fireworks Safety Act.
As used in this article, the following terms shall have the
meanings indicated:
The Michigan Fireworks Safety Act, MCLA § 28.451
et seq.
Pyrotechnic devices for professional use that are similar
to consumer fireworks in chemical compositions 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 does 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 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, 3.1.1.1.1 to 3.1.1.1.8, and 3.5.
An individual who is less than 18 years of age.
The Code for Fireworks Display, 2010 Edition, developed by
the National Fire Protection Association.
[Amended 7-19-2021 by Ord. No. 2036]
A.
A person shall not ignite, discharge, or use consumer fireworks or
homemade fireworks except on the following days after 11:00 a.m.:
(1)
December 31 until 1:00 a.m. on January 1.
(2)
The Saturday and Sunday immediately preceding Memorial Day until
11:45 p.m. on each of those days.
(3)
June 19, if that date is a Friday or Saturday, until 11:45 p.m.,
otherwise the third Saturday in June until 11:45 p.m.
(4)
June 29 to July 4 until 11:45 p.m. on each of those days.
(5)
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(6)
The Saturday and Sunday immediately preceding Labor Day until 11:45
p.m. on each of those days.
B.
No person shall ignite, discharge or use consumer fireworks or homemade
fireworks on public property, school property, church property or
the property of another person without that organization's or
the property owner's express permission to use consumer fireworks
or homemade fireworks on those premises.
C.
Consumer fireworks shall not be sold to a minor. This age requirement
shall be verified by any of the following:
(1)
An operator's or chauffeur's license issued under the Michigan
Vehicle Code, 1949 PA 300, MCLA §§ 257.1 to 257.923.
(2)
An official state personal identification card issued under 1972
PA 222, MCLA §§ 28.291 to 28.300.
(3)
An enhanced driver license or enhanced official state personal identification
card issued under the Enhanced Driver License and Enhanced Official
State Personal Identification Card Act, 2008 PA 23, MCLA §§ 28.301
to 28.308.
(4)
A military identification card.
(5)
A passport.
(6)
Any other bona fide photographic identification that establishes
the identity and age of the individual.
D.
An individual shall not discharge, ignite, 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. As used in this subsection:
A.
Notwithstanding the days and times permitting the ignition, discharge or use of consumer fireworks under § 15-30A, if the environmental concerns based on the Michigan Department of Natural Resources Fire Division criteria are elevated to extreme fire conditions or if the environmental concerns based on the Fire Division criteria are elevated to very high for 72 consecutive hours, the Chief of Public Safety or the Fire Marshal, acting under the direction of the Chief of Public Safety, in consultation with the Michigan Department of Natural Resources, has the authority to enforce a no-burning restriction that includes a ban on the ignition, discharge, and use of consumer fireworks, homemade fireworks and display fireworks within the City.
B.
If a no-burning restriction is instituted under this section, the
Chief of Public Safety or the Fire Marshal acting under the direction
of the Chief of Public Safety enforcing the restriction shall ensure
that adequate notice of the restriction is provided to the public.
C.
Not more than 24 hours after the fire condition is downgraded from
extreme or very high fire condition, the Chief of Public Safety or
the Fire Marshal acting under the direction of the Chief of Public
Safety enforcing the no-burning restriction that banned the ignition,
discharge, and use of fireworks shall inform the public that the restriction
has been lifted in the same manner that the restriction was announced
or otherwise made known to the public.
A.
A person who violates § 15-30A is responsible for a municipal civil infraction and shall be ordered to pay a civil fine of $1,000 for each violation of the subsection and no other fine or sanction; provided, however, that $500 of the fine collected shall be remitted to the Kalamazoo Department of Public Safety as required by MCLA § 28.457(3).
B.
A person who violates § 15-30B is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $500.
C.
A person who violates § 15-30C shall be ordered to pay a civil fine of not more than $100 or, for a second or subsequent violation of that subsection, a civil fine of not more than $500.
A.
The City Commission reserves to itself the ability granted by the
Act at MCLA § 28.456, upon payment of a fee set by the City
Commission, to approve the use of articles pyrotechnic and display
fireworks for public or private display by organizations and individuals
within the City.
B.
The City Commission, upon application in writing on forms provided
by the Michigan Department of licensing and regulatory affairs, or
its successor agency, and payment of a fee set from time to time by
City Commission resolution, may grant a permit for the use of articles
pyrotechnic or display fireworks for public or private display within
the City by organizations or individuals approved by City authority,
and compliance with the Michigan Fireworks Safety Act. A permit granted
under this subsection is not transferable and shall not be issued
to a minor.
C.
Before a permit for articles pyrotechnic or display fireworks ignition
is issued, the person applying for the permit shall furnish proof
of financial responsibility by a bond or insurance in an amount, character
and form deemed necessary as set from time to time by City Commission
resolution to protect the public and to satisfy claims for damages
to property or personal injuries arising out of an act or omission
on the part of the person or an agent or employee of the person.
D.
Before granting a permit, the City Fire Marshal shall rule on the
competency and qualifications of an articles pyrotechnic and display
fireworks operator, as furnished by the operator on the operator's
application form, in accordance with the requirements provided under
NFPA 1123, and on the time, place and safety aspects of the display
of articles pyrotechnic or display fireworks.
