Township of Pittsfield, MI Article VII Fireworks

[Adopted 2-25-2015 by Ord. No. 317 as Ch. 14, Art. VII, of the 2015 Pittsfield Charter Township Code; amended in its entirety 4-24-2019 by Ord. No. 333]

§ 14-28 Short title.

This Ordinance shall hereafter be known and may be cited as the Pittsfield Charter Township "Fireworks Ordinance."

§ 14-29 Definitions.

As used in this article, the following definitions shall apply:

APA STANDARD 87-1

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 3.5. Consumer fireworks do not include low-impact fireworks.

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, 3.1.1.1 to 3.1.1.8, and 3.5.

MINOR

An individual who is less than 18 years of age.

§ 14-30 Ignition, discharge and use of consumer fireworks; days and hours.

Consumer fireworks may not be ignited, discharged, or used except after 11:00 a.m. on the days listed below, and then only in compliance with all other applicable regulations:

A. December 31 until 1:00 a.m. on January 1.

B. The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.

C. June 29 to July 4 until 11:45 p.m. on each of those days.

D. July 5, if that date is a Friday or Saturday, until 11:45 p.m.

E. The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.

§ 14-31 Possession of consumer fireworks by minor.

A minor shall not possess consumer fireworks.

§ 14-32 Determination of violation; seizure.

If a police officer determines that a violation of this article has occurred, the officer may seize the consumer fireworks as evidence of the violation.

§ 14-33 Violations and penalties.

A. A violation of § 14-30 of this article is a civil infraction, punishable by a fine $1,000. Pursuant to MCL 28.457, $500 of the fine shall be remitted to the Pittsfield Township Police Department.

B. A violation of § 14-31 of this article is a municipal civil infraction punishable by a fine of up to $500.

C. Following final disposition of a finding of responsibility for violating this article, the Township may dispose of or destroy any consumer fireworks retained as evidence in that prosecution.