[HISTORY: Adopted by the Village Council of the Village of
Michiana as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-27-1990 by Ord. No. 1990-006 (Section 13.000 of
the 2001 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Blasting powder, nitroglycerine, dynamite, TNT and any other
form of high explosive blasting material, fuse other than an electric
circuit breaker, detonator and other detonating agent, a chemical
compound or mechanical mixture containing oxidizing or combustible
units, or other ingredients in such proportions, quantities or packing
that ignition by fire, friction, concussion or other means of detonation
of the compound or mixture or any part thereof may result in the sudden
generation and release of highly heated gases or gaseous pressures
capable of producing effects damaging or detrimental to or destructive
of life, limb or property. An explosive does not include gasoline,
kerosene, naphtha, turpentine, butane, propane, wet nitrocellulose
or wet nitrostarch containing moisture in excess of 20%, or wet picric
acid containing moisture in excess of 10%; or manufactured articles
such as fixed ammunition for small arms, firecrackers, safety flares
or matches containing an explosive in such limited quantity that the
collective and simultaneous detonation thereof is incapable of resulting
in the sudden generation and release of highly heated gases or gaseous
pressures capable of producing effects damaging or detrimental to
or destructive of life, limb or property.
No person shall have, keep or store, or suffer or permit to
be held, kept or stored in any shop, store, storehouse, warehouse
or other building in said Village, explosives.
No person shall use or occupy any building for, nor engage in,
within the corporate limits of said Village, the manufacture of any
dangerous, inflammable or explosive substances.
No person shall make, kindle or cause to be made or kindled
any fire in any of the streets, alleys, beaches, woods or other open
spaces in said Village without a permit. Leaf burning is prohibited.
[Amended 3-18-2016 by Ord. No. 2016-01]
A violation of any section of this article shall be punishable as a municipal civil infraction as set forth in Chapter 28, Municipal Civil Infractions, of this Code. In addition to the penalties provided by this section and Chapter 28 of this Code, the Berrien County Court shall have equitable jurisdiction to enforce any judgment, writ or order necessary to enforce any provision of this article, including but not limited to abatement of violating condition or the granting of injunctive relief.
[Adopted 7-14-2017 by Ord. No. 2017-03]
A.
The purpose of this article is 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.
B.
The Village of Michiana finds that fireworks endanger property, can
cause physical injury, and disrupt the peace and quality of residential
neighborhoods and other districts. The Village of Michiana endeavors
to reconcile the rights that the Act confers upon sellers and consumers
with the rights of citizens and families to reside in a safe, peaceful,
and harmonious community. This article is adopted to repeal existing
fireworks ordinances that conflicted with the Act, to impose conditions
on the time, place, manner of use, discharge, and ignition of fireworks
deemed to be within the purview of local regulation, and to protect
the public health, safety and general welfare.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except when
context clearly indicates a different meaning:
The Michigan Fireworks Safety Act, Act 256 of 2011,[1] and any amendments to the Act which may from time to time
be adopted.
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.
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, 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, and special effects.
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.
The following legal public holidays:
New Year's Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington's Birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veteran's Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
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 A 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 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.
Any individual, agent, legal representative, association,
charitable organization, church, nonprofit organization, unincorporated
organization, labor organization, partnership, limited-liability company,
corporation, or any other entity or organization. An individual shall
include a minor as defined in this article.
A combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere and
designed and intended to produce an audible, visual, mechanical, or
thermal effect as an integral part of a motion picture, radio, television,
theatrical, or opera production or live entertainment.
[1]
Editor's Note: See MCLA 28.451 et seq.
The manufacture of fireworks is prohibited within the Village.
A.
Consumer fireworks. A person shall not ignite, discharge or use consumer
fireworks, except between the hours of 8:00 a.m. and 1:00 a.m. on
the day preceding, the day of, or the day after a national holiday,
provided that a person shall not ignite, discharge or use consumer
fireworks in violation of the Act and/or this article.
B.
Low-impact and novelty fireworks. Low-impact or novelty fireworks
may not be discharged between the hours of 11:00 p.m. and 7:00 a.m.,
or after dusk, whichever is earlier, and may not otherwise be discharged
in violation of this article and/or the Act.
C.
Illegal fireworks. Any use, possession, or discharge of fireworks
that is illegal and not approved by the State of Michigan or the State
Fire Marshal is prohibited, regardless of how it is labeled.
D.
Burn ban. Due to the Village's natural topography and location
on Lake Michigan, the Village has a considerable amount of natural
dune grasses which are highly flammable in the event of unusually
high temperatures combined with very dry or draught-like conditions.
In extreme circumstances, the Village's Police Chief may issue
a burn ban to protect the Village residents' health, safety and
welfare. In the event of a Village-wide ban on burning, the discharge
of fireworks of any nature or sort shall also be prohibited.
[Added 6-14-2019 by Ord.
No. 2019-03]
The following dates and times are now the only dates and times
that the Village cannot restrict. Any other days outside of these,
fireworks will be illegal no matter the time.
A.
From 11:00 a.m. on December 31 to 1:00 a.m. on January 1.
B.
From 11:00 a.m. to 11:45 p.m. on the Saturday and Sunday immediately
preceding Memorial Day.
C.
From 11:00 a.m. to 11:45 p.m. on June 29 and 30 and July 1, 2, 3
and 4.
D.
From 11:00 a.m. to 11:45 p.m. on July 5, if that date is a Friday
or Saturday.
E.
From 11:00 a.m. to 11:45 p.m. on the Saturday and Sunday immediately
preceding Labor Day.
A.
A minor shall not possess, use, discharge or ignite any consumer
fireworks, at any time, nor on any day, including national holidays,
and the day before and day after a national holiday.
B.
A minor shall not use, discharge, or ignite any low-impact fireworks
or novelty fireworks, unless under the supervision of a parent or
guardian, and the use, discharge and/or ignition is within permitted
hours and does not violate the provisions of this article and/or the
Act.
A.
Unless specifically authorized, on any day, the use, discharge or
ignition of any fireworks, including consumer fireworks, is prohibited
on public property.
B.
Fireworks, including consumer fireworks, shall not be ignited within
20 feet of an open flame, a burner, gasoline, ignited gas or electric
grill, or in any enclosed structure, garage, tent, or shed, or under
any canopy or overhanging cover of any nature.
C.
Excessive use of fireworks, including consumer fireworks, that results
in the disruption of residents is prohibited, notwithstanding anything
to the contrary in the Act. Excessive use is defined as conduct that
includes the continuous or intermittent ignition of fireworks continuing
for more than 20 minutes.
D.
No person shall either individually or in concert with another person
cause damage to any private or public property by the use, discharge
or ignition of any fireworks.
E.
No consumer fireworks may be ignited, launched or discharged within
20 feet of a residential building or vehicle.
Nothing in this article or in the Act shall preclude the enforcement
of ordinances prohibiting conduct that is secondary or incidental
to the use, discharge, or ignition of fireworks.
Any person selling, distributing or transporting fireworks shall
otherwise comply with the Act and is required to comply with the zoning
ordinances of the Village, including obtaining necessary approvals
thereunder. Failure to obtain necessary zoning approvals is subject
to penalty as provided in the code of zoning ordinances of the Village.
Notwithstanding the Act, any use, discharge or ignition of fireworks
that is presenting an imminent danger or threat to the public health,
safety, or welfare, as deemed by the Police Chief or his designee,
shall be prohibited and the fireworks may be immediately seized.
All fireworks used, discharged, and/or ignited in violation
of the Act and/or this article are subject to seizure. Any costs incurred
by the Village to seize and store the fireworks shall be paid by the
responsible party.
No display fireworks shall be used, discharged, ignited or displayed
unless approved by Village Council, upon application made to the Village
Clerk providing proof that the display and applicant are adequately
insured and bonded to the satisfaction of the Village Council, the
applicant has submitted a security plan, safety compliance plans,
and an application fee in the minimum amount of $100, plus any additional
costs incurred by the Village to administer the permit. A permit for
display fireworks is supplemental to any other requirement for such
display under the Village's ordinances.
A.
A violation of this article is a civil infraction, punishable by
a minimum fine of $150, up to a fine of $1,000 plus the costs of prosecution.
[Amended 6-14-2019 by Ord. No. 2019-03]
B.
Following final disposition of a finding of responsibility for violating
this article, the Village may dispose of or destroy any fireworks
retained as evidence in that prosecution.
C.
In addition to any other penalty, a person that is found responsible
for a violation of this article shall be required to reimburse the
Village for the costs of storing, disposing of, or destroying consumer
fireworks that were confiscated by the Village in accordance with
this article.
If any article, section, subsection, sentence, clause, phrase,
or portion of this article is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision, and such holding
shall not affect the validity of remaining portions of this article,
it being the intent of the Village that this article shall be fully
severable.
Any ordinance or parts of any ordinance in conflict with any
provisions of this article are hereby repealed.
