[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); amended 6-18-2020 by Res. No. 06-18-20-23]
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:
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.
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.
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.
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.
A.
Jurisdiction is hereby conferred upon the Tribal Court over prosecutions
for civil infractions of this chapter.
B.
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.
C.
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.
D.
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.
E.
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 Police Department may grant a permit upon application
in writing in accordance with conditions prescribed by the Tribal
Police Department for the use of fireworks otherwise prohibited for
public display by persons, organizations or groups of individuals.
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.
