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, 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.
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.
[Amended 5-7-2019 by Ord. No. 174]
Any person who violates Section
46-271(a) or
(b) of this article may be issued a civil infraction citation and shall, upon being found responsible therefor, be subject to a penalty not to exceed $1,000. If a fine of $1,000 is collected, $500 of that fine of $1, 000 collected shall be remitted to the local law enforcement agency responsible for enforcing the article. Any person who violates the remaining provisions of the 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 fine and imprisonment.