City of Bridgman, MI
Berrien County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bridgman 9-16-2019 by Ord. No. 2019-205. Amendments noted where applicable.]
A. 
This is an ordinance to provide for the regulation of the ignition, discharge and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, Act 256 of the Public Acts of Michigan of 2011, being MCLA § 28.451 et seq., as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The City of Bridgman finds that fireworks endanger property, can cause physical injury, and disrupt the peace and quality of residential neighborhoods and other zoning districts. The City of Bridgman endeavors to reconcile the rights that the Act confers upon sellers and consumers with the rights of citizens and families to reside in a safe, peaceful, and harmonious community. This chapter is adopted to repeal existing fireworks ordinances that conflicted with the Act, and to impose conditions on the time, place, manner of use, discharge, and ignition of fireworks deemed to be within the purview of local regulation, and to protect the public health, safety and general welfare.
As used in this chapter, the following definitions shall apply:
ACT 634
The Michigan Fireworks Safety Act, Act 256 of the Public Acts of Michigan of 2011, being MCLA § 28.451 et seq., as it may be amended from time to time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CITY
City of Bridgman.
CONSUMER FIREWORKS
As defined in Act 634.
FIREWORK or FIREWORKS
That term as defined in Act 634.
HOMEMADE FIREWORKS
That term as defined in Act 634.
RETAILER
That term as defined in Act 634.
WHOLESALER
That term as defined in Act 634.
The manufacture or sale of fireworks is prohibited within the City unless otherwise provided by the City Zoning Ordinance,[1] as well as all building codes and regulations.
[1]
Editor's Note: Consult the City for current zoning regulations.
A. 
Unless otherwise provided in this chapter, no person shall ignite, discharge, or use consumer fireworks in the City.
B. 
A person may only ignite, discharge, or use consumer fireworks on private property owned or controlled by that person, or with the owner's permission, in the City of Bridgman on the following days, after 11:00 a.m.:
(1) 
December 31 until 1:00 a.m. on January 1.
(2) 
The Saturday and Sunday immediately preceding Memorial Day, until 11:45 p.m. on each of those days.
(3) 
June 29 to July 4 until 11:45 p.m. on each of those days.
(4) 
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5) 
The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
C. 
No person shall ignite, discharge, or use consumer fireworks on any public property in the City of Bridgman at any time, including on any public street, in any City park, or at Weko Beach or Campground.
D. 
Burn ban. Due to the City's natural topography, location on Lake Michigan, and the extreme weather events, including severe droughts that have become more common in recent years, the City has a considerable amount of natural dune grasses which are highly flammable in the event of unusually high temperatures combined with very dry or droughtlike conditions. In extreme circumstances, the City's Fire Chief may issue a burn ban to protect the City residents' health, safety and welfare. In the event of a City-wide ban on burning, the discharge of fireworks of any nature or sort shall also be temporarily prohibited until the burn ban is lifted.
No person shall recklessly endanger the life, health, safety, or well-being of any person and/or property by the ignition, discharge, or use of consumer fireworks.
Nothing in this chapter or in the Act shall preclude the enforcement of ordinances prohibiting conduct that is secondary or incidental to the use, discharge, or ignition of fireworks.
Any person violating the provisions of this chapter shall be guilty of a municipal civil infraction, punishable by a fine of $1,000.
City Ordinance No. 2013-184 and Ordinance 181 Section 1(E) are hereby repealed in their entirety. Any other ordinance or parts of any ordinance in conflict with any provisions of this chapter are hereby repealed.
If any article, section, subsection, sentence, clause, phrase, or portion of this chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of the chapter, it being the intent of the City that this chapter shall be fully severable.
This chapter shall become effective after publication in accordance with the Charter of the City of Bridgman.