[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 6-29-2012 by Res. No. 06-29-12-01 (Title VIII, Ch. 14, of the Tribal Code). Amendments noted where applicable.]
This is a chapter to provide for the regulation of the ignition, discharge and use of consumer fireworks.
Terms used in this chapter shall be defined as follows:
- APA STANDARD 87-1
- 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.
- 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 3.6. Consumer fireworks does not include low-impact 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 standard 87-1, 3.1, 184.108.40.206 to 220.127.116.11 and 3.5.
- An individual who is less than 18 years of age.
No person, whether intoxicated or not, shall ignite, discharge or use consumer fireworks at any time on the Pine Creek Reservation; a minor shall not possess consumer fireworks on the Pine Creek Reservation or on any other lands under the jurisdiction of the Band.
Jurisdiction and procedure.
Jurisdiction is hereby conferred upon the Tribal Court over prosecutions for civil infractions of this chapter.
Violations of this chapter shall constitute civil infractions of this chapter punishable by a civil fine of not less than $50 nor more than $1,000.
Proceedings involving civil infractions of this chapter may be instituted by the issuance of a tribal citation by a duly authorized peace officer with reference to this chapter.
In addition to the civil penalties authorized by this chapter, the Tribal Court may also order restitution to any victim, including the Band, for damage to or the loss of the victim's property which may arise from any violation of this chapter.
In addition to any penalty imposed by the Tribal Court, the Court, upon conviction, shall order payment of court fees and costs in the amount as determined by the Tribal Court.
If a tribal police officer or any other law enforcement officer authorized to enforce tribal law on the Pine Creek Reservation or other lands under the jurisdiction of the Band determines that a violation of this chapter has occurred, the officer may seize the consumer fireworks as evidence of the violation.
The Tribal Council, upon application in writing in accordance with conditions prescribed by the Tribal Police Department, may grant a permit for the use of fireworks otherwise prohibited for public display by organizations or groups of individuals approved by the Tribal Council.
If any section, subsection, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by the Tribal Court or any other court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this chapter, and such holding shall not affect the validity of the remaining portions of this chapter.
All codes or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this chapter full force and effect.
This chapter shall take effect immediately upon approval thereof.