[Ord. No. 152, 7-2-2007]
This article is adopted pursuant to Public Act No. 328 of 1931
(MCL 750.243a et seq.) and other applicable state and federal laws.
[Ord. No. 152, 7-2-2007]
The Village shall administer, implement and enforce the provisions of this article. Any powers granted or duties imposed upon the Village may not be designated by the Village Council to other persons or entities. Only the Village Council may issue a permit under this article and Act 328, as indicated in § 14-60.
[Ord. No. 152, 7-2-2007]
This article is in addition to and supplemental to the provisions
and requirements of Public Act No. 328 of 1931 (MCL 750.243a et seq.).
All applicants must comply with both Act 328 and this article.
[Ord. No. 152, 7-2-2007]
(a)
Any person wishing to stage a fireworks or pyrotechnic display shall
submit an application on forms furnished by the Village no less than
30 days prior to the display and shall not perform a fireworks or
pyrotechnic display without a permit pursuant to Act 328 and this
article.
(b)
A site plan of the area where the fireworks or pyrotechnic display
is to be conducted shall be submitted with the application for the
permit. The site plan shall set forth all structures in the area and
the discharge site fallout area. The site plan shall furthermore set
forth the distance separating the mortars used to launch the fireworks
and the structures and also set forth the distance separating the
mortars from the spectators viewing the display. The Fire Department
shall promptly investigate and make recommendations regarding the
issuance of a permit and must approve all site plans.
[Ord. No. 152, 7-2-2007]
(a)
The person applying for a fireworks or pyrotechnic display permit
under this article and Act 328 shall do and comply with all of the
following:
(1)
Follow the National Fire Protection Association (NFPA) Code
1123 for fireworks display or the Village requirements, whichever
is most restrictive.
(2)
Furnish and maintain in full effect proof of financial responsibility
by an insurance policy to satisfy claims for damages to property or
personal injuries arising out of an act or omission on the part of
the person, or an agent or employee thereof, to protect the public
in an amount of not less than $1,000,0000 during each event. The Village
shall be named as an additional insured on the insurance policy. The
insurance policy or a binder must be submitted with the necessary
application and shall be subject to review by the Village's risk management
agent. The insurance policy shall also include coverage for the cleanup
and restoration, if necessary, of surrounding property after the fireworks
or pyrotechnic display has ended.
(3)
Be responsible for all shells being fired. In the event one
of the shells does not explode, the person or his agent shall secure
the area until the unexploded shell is found and properly disposed
of.
(4)
Not consume any alcohol or any other illegal or legal substances
that would impair his judgment prior to or during the display by the
person or his agent or any other person on site conducting the display.
[Comp. Ords. 1995, § 20.707; Ord.
No. 4, 1-15-1917]
No person shall fire off, set off, or explode any gunpowder,
cracker, squib, rocket or fireworks, or fire any cannon, gun, toy,
air, target or spring gun, revolver, pistol, toy pistol, cap or cartridge,
or aid or abet therein within the limits of the Village, without first
having obtained permission in writing from the President.
[Ord. No. 152, 7-2-2007]
Such persons who shall be so designated by the Village Council
shall enforce this article.
