[HISTORY: Adopted by the Village Council of the Village of New Haven 4-13-2021 by Ord. No. 379.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 260, Fireworks, adopted 8-8-2017 by Ord. No. 345.
This chapter shall be known and cited as the "Village of New Haven Fireworks Ordinance."
This chapter is adopted pursuant to and in accordance with Act 94, Public Act of 1933, as amended; Act 246, Public Act of 1945, as amended; the Michigan Fireworks Safety Act of 2011, Public Act 256, as amended;[1] and all other laws allowing for ordinances by a local unit of government.
[1]
Editor's Note: See MCLA § 28.451 et seq.
As used in this chapter, the following words and phrases have the meanings set forth herein:
ACT
The Michigan Fireworks Safety Act, Public Act No. 256 of 2011, MCLA § 28.451 et seq., as amended.
ARTICLES PYROTECHNIC
Pyrotechnic devices for professional use 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
Firework 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.
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, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.
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.
NATIONAL HOLIDAY
The holidays and times permitted by state law for the ignition, discharge or use of fireworks within the Village of New Haven: December 31 until 1:00 a.m. January 1; Saturday and Sunday before Memorial Day until 11:45 p.m.; June 29 to July 4 until 11:45 p.m.; July 5 if it falls on a Friday or Saturday until 11:45 p.m.; and Saturday and Sunday before Labor Day until 11:45 p.m.
NOVELTIES
That term as defined under APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, and 3.2.5, and all of the following:
A. 
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 contact per cap.
B. 
Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection A 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.
C. 
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
D. 
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.
No person shall ignite, discharge or use fireworks within the Village at any time, except that:
A. 
Fireworks may be discharged in strict compliance with any permit issued by the Village in accordance with the Act.
B. 
The use of commercial display fireworks or pyrotechnics shall require a permit issued by the Village of New Haven. Application for a permit shall be made a minimum of 30 days prior to any scheduled use. Upon permit review and approval by the Village Fire Authority, a permit shall be issued for the date specified in the application. The permit shall be valid for the date specified only and for use within the Village limits only.
C. 
This section shall not apply to low-impact fireworks.
D. 
Consumer fireworks shall not be ignited, discharged, or used on any public property, including public streets and sidewalks; or on school property, church property, or the private property of another without express written permission for use from the person or entity legally in possession and control of that property.
E. 
Consumer fireworks shall not be ignited, discharged, or used by a person under the influence of alcohol or any controlled substance, or a combination of both.
F. 
Low-impact fireworks shall not be ignited, discharged, or used by a person under the influence of alcohol or any controlled substance, or a combination of both.
A. 
If any enforcing official or law enforcement officer determines that a violation of this chapter has occurred, the official or officer may seize the fireworks as evidence of the violation.
B. 
A violation of any of the provision of this chapter can result in a $1,000 civil fine as defined by the Michigan Fireworks Safety Act, Public Act No. 256 of 2011, as amended.
C. 
If the fire-related incidents involve consumer, low-impact, or illegal fireworks resulting in property damage, injury or death of another person, individuals are subject to a misdemeanor or felony punishable by imprisonment of not more than five years and fines of up to $10,000, or both, as defined by the Michigan Fireworks Safety Act, Public Act 256 of 2011, as amended.
If any section, clause, or provision of this chapter shall be declared to be unconstitutional, void, illegal, or ineffective by any court of competent jurisdiction, the validity of the chapter as a whole, or in part, shall not be affected other than the part invalidated; and such section, clause, or provision declared to be unconstitutional, void, or illegal shall thereby cease to be a part of this chapter, but the remainder of this chapter shall stand and be in full force and effect.
All ordinances, parts of ordinances, or sections of the New Haven Village Book of Ordinances in conflict with this chapter are repealed only to the extent necessary to give this chapter full force and effect.
All proceeds pending and all rights and liabilities existing, acquired, or incurred at the time this chapter takes effect are saved and may be consummated according to the law in force when they were commenced.
This chapter, or a summary hereof, shall be published within 30 days of adoption in a newspaper of general circulation in New Haven Village and shall become effective 30 days after such publication, as provided by law.