City of Kalamazoo, MI
Kalamazoo County
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Table of Contents
Table of Contents
[Adopted 9-4-2012 by Ord. No. 1902]
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 consumer fireworks.
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.
[Amended 7-1-2013 by Ord. No. 1909]
As used in this article, the following terms shall have the meanings indicated:
The Michigan Fireworks Safety Act, MCLA § 28.451 et seq.
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.
Ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3.1., to, and 3.5.
An individual who is less than 18 years of age.
New Year's Day, Martin Luther King, Jr.'s Birthday, Presidents' Day (also referred to as Washington's Birthday), Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Amended 7-1-2013 by Ord. No. 1909]
A person shall not ignite, discharge or use consumer fireworks except during permitted hours on the day preceding, the day of, or the day after a national holiday.
No person shall ignite, discharge or use consumer fireworks between the hours of 12 midnight and 8:00 a.m. of the day preceding, the day of, or the day after a national holiday, except that on New Year's Day no person shall ignite, discharge or use consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m.
No person shall 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 consumer fireworks on those premises.
Consumer fireworks shall not be sold to a minor.
The ignition, discharge or use of consumer fireworks shall be subject to the general prohibition contained at § 21-6 of the Kalamazoo City Code, which addresses continued excessive or unusually loud noise, measured or unmeasured, which disrupts, injures or endangers the comfort, repose, health, peace or safety of any person within the limits of the City.
A person who violates this article is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $500.