[HISTORY: Adopted by the Township Board of the Township of Cannon 9-13-2021 by Ord. No. 2021-3. Amendments noted where applicable.]
The following words and terms in this chapter are defined as follows:
ACT 256
The Michigan Fireworks Safety Act, Public Act 256 of 2011, as amended.[1]
CONSUMER FIREWORKS
That term as defined in Act 256.
DISPLAY FIREWORKS
That term as defined in Act 256.
STATE-MANDATED PERMITTED DAYS AND TIMES
The following days and times during which the discharge of consumer fireworks may not be regulated by local ordinance according to Act 256, as amended by Public Act 635 of 2018, MCL 28.457:
A. 
From 11:00 a.m. on December 31 until 1:00 a.m. on January 1.
B. 
Between the hours of 11:00 a.m. and 11:45 p.m. on the Saturday and the Sunday immediately preceding Memorial Day.
C. 
Between the hours of 11:00 a.m. and 11:45 p.m. on June 29 through July 4, inclusive.
D. 
Between the hours of 11:00 a.m. and 11:45 p.m. on July 5, if July 5 falls on a Friday or Saturday.
E. 
Between the hours of 11:00 a.m. and 11:45 p.m. on the Saturday and Sunday immediately preceding Labor Day.
PERSON
That term as defined in Act 256.
[1]
Editor's Note: See MCL 28.451 et seq.
A. 
Except for the state-mandated permitted days and times defined in the definition provided in § 232-1 above, no person shall ignite, discharge, or use consumer fireworks within the Township during the following times:
(1) 
From Memorial Day through Labor Day, between the hours of 11:00 p.m. and 11:00 a.m. the following day.
(2) 
From the day after Labor Day to the day before Memorial Day, between the hours of 9:30 p.m. and 11:00 a.m. the following day.
B. 
Notwithstanding the penalties provided in § 232-4 of this chapter, in accordance with the mandatory penalties imposed by MCL 28.457(3), a violation of Subsection A shall be a civil infraction, subject to a civil fine of $1,000 for each violation, and no other fine or sanction. Five hundred dollars of the fine collected shall be remitted to the Township as the law enforcement agency responsible for enforcing the chapter. If state law is amended to remove this mandatory penalty, then a violation of Subsection A shall be subject to the penalties provided in § 232-4 of this chapter.
C. 
Consumer fireworks shall not be used if a burn ban is in effect, as provided by the State Fire Prevention Code, Public Act 207 of 1941.[1]
[1]
Editor's Note: See MCL 29.1 et seq.
D. 
No person shall endanger the life, health or safety of any other person by displaying or discharging of any fireworks.
E. 
On land, no person shall, at any time, ignite, discharge, use or display any fireworks upon or within 15 feet of another person's property without such property owner's permission. If offshore, no person shall, at any time, ignite, discharge, use or display any fireworks within 15 feet of the shoreline at the ordinary high-water mark of another person's property without such property owner's permission.
F. 
A person shall not ignite, discharge or use consumer fireworks on public property, school property, church property, or the property of another person without that person's or organization's express permission to use the consumer fireworks on those premises. No person shall ignite, discharge, or use consumer fireworks on Township property.
G. 
A person shall not use consumer fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
No person shall use display fireworks within the Township for public or private display without first obtaining a permit from the Township. A person who desires such a permit shall complete an application on a form provided by the State Department of Licensing and Regulatory Affairs. The applicant shall furnish proof of financial responsibility by a bond or insurance policy in an amount, character, and form necessary to satisfy claims for damages to persons or property in connection with the use of display fireworks, as determined by the Township Board.
A. 
A violation of this chapter is a municipal civil infraction, for which the fine shall be not less than $100 and not more than $500, in the discretion of the court, and in addition to all other costs, damages, and expenses (including actual attorney fees) incurred in enforcing this chapter.
B. 
The following persons may issue a municipal civil infraction citation for a violation of this chapter:
(1) 
Township Supervisor.
(2) 
Township Code Enforcement Officer.
(3) 
Township Fire Chief.
(4) 
Township Deputy Fire Chief.
(5) 
A law enforcement officer of the Kent County Sheriff's Department or the Michigan State Police.