[Ord. 2013-04, 7-23-2013; amended by Ord. No. 2019-06, 4-23-2019]
(a)
ACT 256
APA STANDARD 87-1
ARTICLES PYROTECHNIC
COMMERCIAL MANUFACTURER
CONSUMER FIREWORKS
DISPLAY FIREWORKS
FIREWORK or FIREWORKS
HOLIDAYS
(1)
(2)
(3)
(4)
(5)
HOMEMADE FIREWORKS
LOW-IMPACT FIREWORKS
MINOR
NOVELTIES
(1)
(2)
(3)
(4)
PERSON
SKY LANTERN
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Michigan Fireworks Safety Act, Public Act 256 of 2011,
MCL § 28.451 et seq., as amended.
The 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.
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.
A person engaged in the manufacture of consumer fireworks.
Fireworks devices that are designed to produce visible or
audible 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 and 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 Part 172, and APA Standard 87-1, 4.1.
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. Fireworks
consist of consumer fireworks, low-impact fireworks, articles pyrotechnic,
display fireworks, homemade fireworks, and special effects.
For the purposes of this article, means the following dates,
beginning at 11:00 a.m. on each day:
December 31 until 1:00 a.m. on January 1.
The Saturday and Sunday immediately preceding Memorial Day until
11:45 p.m. on each of those days.
June 29 to July 4 until 11:45 p.m. on each of those days.
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
The Saturday and Sunday immediately preceding Labor Day until
11:45 p.m. on each of those days.
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.
An individual who is less than 18 years of age.
That term as defined under APA Standard 87-1, 3.2.2, 3.2.3,
3.2.4, 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) are used, that are constructed so that the hand cannot come into 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 missile by the explosion.
Flitter sparklers in paper tube 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.
An individual, agent, association, charitable organization,
company, limited liability company, corporation, labor organization,
legal representative, partnership, unincorporated organization, or
any other legal or commercial entity.
A balloon-type device which is uncontrollable after launch
and uses combustible or flammable material to provide heat for lift
or buoyancy into the atmosphere, and which is not a consumer firework.
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Any other definitions listed in MCL § 28.452 and MCL
§ 28.462 as may be required to interpret this article.
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Cross reference: Fireworks in parks, § 54-43.
State law reference: Fireworks, MCL 28.451 et seq.
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[Ord. 2013-04, 7-23-2013; amended by Ord. No. 2019-06, 4-23-2019]
The use of low-impact fireworks and novelty fireworks is permitted
year round between the hours of 8:00 a.m. and 11:00 p.m.
[Ord. 2013-04, 7-23-2013; amended by Ord. No. 2019-06, 4-23-2019]
[Ord. 2013-04, 7-23-2013]
A person shall not ignite, discharge, or use a sky lantern.
[Ord. No. 2019-06, 4-23-2019[1]]
(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.
[1]
Editor's Note: This ordinance also repealed former § 26-5,
Enforcement, adopted by Ord. 2013-04, 7-23-2013.
[Ord. No. 2019-06, 4-23-2019[1]]
(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.
[1]
Editor’s Note: This ordinance also repealed former §
26-6, Seizure, adopted by Ord. 2013-04, 7-23-2013.
[Ord. No. 2019-06, 4-23-2019[1]]
(a)
The requirements of this section do not apply to the use of consumer
fireworks during a holiday.
(b)
Any person wishing to stage a consumer fireworks display shall, at
least 60 days prior to the display, submit an application on a form
furnished by the Township and secure permission to stage that display
from the Township Board.
(c)
A site plan of the area where the fireworks display is to be conducted
shall be submitted with the application. The site plan shall set forth
all structures in the area and the discharge site fallout area, as
well as the distance separating the mortars and the spectators viewing
the display. All site plans must be approved by the Township Fire
Department prior to Township Board approval.
(d)
Every person who ignites, discharges, or uses consumer fireworks
shall follow National Fire Protection Association (NFPA) Code 1123
for fireworks display, the requirements of the Act and regulations
promulgated thereunder, and/or Township requirements, whichever is
the most restrictive.
(e)
Every person who is granted a permit to ignite, discharge, or use
consumer fireworks shall maintain personal liability insurance/property
damage liability insurance in the amount of $2,000,000 as a minimum
during each event. Additional insurance may be required based upon
conditions and/or location of the display. The Township and its employees
and/or officers shall be named as additional named insureds on the
insurance policy. The insurance policy must be submitted with the
aforementioned application. The insurance policy shall also include
coverage for the cleanup after the event has ended.
(f)
Any person using fireworks shall be responsible for all shells or
devices being fired or burned. In the event any shell does not explode,
the person shall secure the area until the unexploded shell is found
and properly disposed of.
(g)
Smoking in an area where fireworks are being used is prohibited.
(h)
Nothing herein limits the liability of any individual for injury
to any person or property as a result of the use of fireworks, including
any fire suppression costs incurred as a result of improper, careless
or negligent use of fireworks.
(i)
The applicant shall cause the site of the fireworks display to be
cleaned up within 24 hours after the display has ended.
[1]
Editor's Note: This ordinance also repealed former § 26-7,
Penalties and costs, adopted by Ord. 2013-04, 7-23-2013.
[Ord. No. 2019-06, 4-23-2019]
(a)
No person may ignite, discharge, or use any firework if the State
Fire Marshal, the commanding officer of the Township's Fire Department,
or a firefighter in uniform acting under the orders and directions
of the commanding officer of the Township's Fire Department determines
that a dangerous or emergency condition exists, except in strict compliance
with any restrictions or requirements imposed by such an individual.
(b)
If environmental concerns based on the Department of Natural Resources
(DNR) Fire Division's criteria are elevated to "extreme" or to
"very high" for 72 consecutive hours, the commanding officer of the
Township's Fire Department, in consultation with the DNR, may
enforce a no-burning restriction, including a ban on the ignition,
discharge, and use of consumer fireworks within the Township. The
governor, the DNR, or the State Fire Marshal may also enforce such
a restriction statewide. If a no-burning restriction is implemented
by the commanding officer of the Township's Fire Department,
the public shall be given adequate notice of that restriction. No
later than 24 hours after the fire conditions are downgraded from
"extreme" or "very high" conditions, the commanding officer of the
Township's Fire Department shall lift the restriction on the
use of consumer fireworks, and shall inform the public in the same
manner the restriction was announced if the commanding officer initiated
the ban.
[Ord. No. 2019-06, 4-23-2019]
(a)
This article may be enforced by any sworn law enforcement officers,
the Fire Chief, Fire Inspector, Code Enforcement Officer, or any person
authorized to issue appearance tickets or civil infractions.
(b)
If an enforcing official determines that a violation of this article
or the Act has occurred, the official may seize the fireworks as evidence
of such violation and store or cause those fireworks to be stored
pending disposition of enforcement proceedings. Upon a finding of
guilt, responsibility, or liability, the person so adjudged shall
be required to pay all associated storage expenses.
(c)
Unless otherwise provided herein, any person who violates this article
is guilty of a municipal civil infraction, which shall be punishable
upon a finding of responsibility thereof by a fine not exceeding $1,000.
Upon a finding of responsibility, $500 of that fine shall be remitted
to the local law enforcement agency responsible for enforcing this
article, if any.
(d)
Upon conviction, or finding of responsibility, for a violation of
this article, law enforcement officials may surrender any fireworks
retained as evidence for prosecution of the violation to the Department
of Licensing and Regulatory Affairs for destruction as provided by
Public Act 5939 of 2018, Section 15(2).
