Chesterfield Charter Township, MI
Macomb County
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Table of Contents
Table of Contents
[Adopted 9-3-2013 by Ord. No. 139]
This article shall be known as the "Chesterfield Township Fireworks Ordinance."
The purpose of this article is to preserve and protect public health, safety and welfare and to establish a safe environment for the discharge, ignition and use of fireworks within the Township. The article is also adopted in the interest of maintaining the comfort and quiet repose of Chesterfield Township residents by regulating the discharge, ignition and use of fireworks in Chesterfield Township, and repealing all ordinances and resolutions in conflict therewith.
This article is adopted pursuant to, and in accordance with Act 246, Public Acts of 1945,[1] as amended, and pursuant to Public Act 256 of 2011, the Michigan Fireworks Safety Act (MCLA § 28.451 et seq.), as amended, and Public Act 65 of 2013.
[1]
Editor's Note: See MCLA § 41.181 et seq.
The following words shall have the following meanings as used in this article:
ACT
The Michigan Fireworks Safety Act, MCLA § 28.451 et seq., as amended.
AGRICULTURAL OR WILDLIFE FIREWORKS
Fireworks devices distributed to farmers, ranchers, and growers through wildlife management program administered by the United States Department of Interior or the Department of Natural Resources of Michigan.
ALCOHOLIC LIQUOR
That term as defined in Section 1d of the Michigan Vehicle Code, 1949 PA 300, MCLA § 257.1d.
ARTICLES PYROTECHNIC
Pyrotechnic devices for professional uses 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.
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 3.5. "Consumer fireworks" does not include low-impact fireworks.
CONTROLLED SUBSTANCE
That term as defined in Section 8b of the Michigan Vehicle Code, 1949 PA 300, MCLA § 257.8b.
DISPLAY 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.
FIREWORK or 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. Fireworks consist of consumer fireworks, articles pyrotechnic, display fireworks, and special effects.
LOW-IMPACT FIREWORKS
Ground and handheld sparking 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.
NOVELTIES
The same 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:
(1) 
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.
(2) 
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 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.
(3) 
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(4) 
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.
SPECIAL EFFECTS
A combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce audible, visual, mechanical, or thermal effects as an integral part of a motion picture, radio, television, theatrical production or live entertainment.
(a) 
It shall be unlawful for any person to ignite, discharge, or use consumer fireworks, as such term is defined in this article, except on the day preceding, the day of, or the day after the following national holidays:
(1) 
New Years Day (January 1).
(2) 
Martin Luther King Jr. Day (Third Monday in January).
(3) 
Washington's Birthday (Third Monday in February).
(4) 
Memorial Day (Last Monday in May).
(5) 
Independence Day (July 4).
(6) 
Labor Day (First Monday in September).
(7) 
Columbus Day (Second Monday in October).
(8) 
Veterans Day (November 11).
(9) 
Thanksgiving Day (Fourth Thursday in November).
(10) 
Christmas Day (December 25).
(b) 
Consumer fireworks shall not be ignited, discharged or used between the hours of 12:00 midnight and 8:00 a.m. on the dates/national holidays enumerated in Subsection (a), except that on New Year's Day, consumer fireworks shall not be ignited, discharged or used between the hours of 1:00 a.m. and 8:00 a.m.
(c) 
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 written permission to use those fireworks on those premises.
(d) 
Consumer fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substances or a combination of both.
(e) 
Low-impact fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substances or a combination of both.
(f) 
This article shall not apply to low impact fireworks and novelties.
(g) 
A minor shall not possess, ignite, discharge or use consumer fireworks.
(a) 
Pursuant to MCLA § 28.451 et seq., the Township may grant a permit, upon application in writing at least 30 days prior to event, on forms provided by the Department of Licensing and Regulatory Affairs, for the use of the following:
(1) 
Agricultural or wildlife fireworks.
(2) 
Articles pyrotechnics.
(3) 
Display fireworks.
(4) 
Special effects.
(b) 
Such permit granted by the Township shall be subject to payment of a fee to the Township, and shall be for either public or private displays within the Township by the Township, other municipalities, or other organization or individuals approved by the Township as long as the applicable conditions and requirements of the Act are complied with.
(c) 
Before a permit for display fireworks or articles pyrotechnic firework ignition is granted, the person, firm or corporation applying for the permit shall furnish proof of financial responsibility by a bond or insurance in an amount of not less than $1,000,000, character and form deemed necessary by the Township to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person, firm or corporation or an agent or employee of the person, firm or corporation, and to the public.
(d) 
The Township shall not approve or otherwise grant a permit for display of fireworks or pyrotechnic fireworks ignition to a nonresident person, firm or corporation until the person, firm or corporation has appointed in writing a resident member of the Township to be the legal representative upon whom all process in an action or proceeding against the person, firm or corporation may be served.
(e) 
Pursuant to the Act, the Township shall rule on the competency and qualifications of articles of pyrotechnic and display fireworks operators as required under NFPA 1123, as the operation has furnished in his or her application form, and on the time, place and safety aspects of the display of articles pyrotechnic or display fireworks before granting permits.
(a) 
The storage of consumer fireworks at a retail or other similar location shall be regulated as follows:
(1) 
A valid fireworks consumer certificate that is prominently displayed;
(2) 
Retailer must display the appropriate NO SMOKING signs;
(3) 
The retail location must meet association NFPA requirements to include a fire suppression system in compliance with NFPA 1124; and
(4) 
Any other requirements or conditions as required by the state or Township Fire Department, acting as the reviewing agency of the state.
(b) 
If the storage is for low-impact fireworks, the requirements of the State Act shall be met.
(c) 
The Township shall have the right to collect fees for the inspections and review of site conducting storage of consumer fireworks or any other type of fireworks in which the Act requires an inspection or review.
Any person who violates the provisions of this article shall, upon conviction thereof, be guilty of a misdemeanor and subject to a penalty not to exceed $500 or imprisonment in the county jail for a period not to exceed 90 days, or both such fines and imprisonment.