[HISTORY: Adopted by the Township Board of the Township of New Buffalo 5-20-2013 by Ord. No. 20130520; amended 7-22-2019. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
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 (American Pyrotechnics Association) Standard 87-1, 3.1.2, 3.1.3, or 3.5. "Consumer fireworks" does 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, designated 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.
NOVELTIES
That term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, 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 content per cap.
B. 
Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection A of this definition 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.
[Added 4-17-2023]
A. 
The New Buffalo Township Board may grant permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks, or special effects manufactured for outdoor pest control or agricultural purposes within the Township upon determining the applicable provisions of state law are complied with and that the competency and qualifications of the proposed operator and the time, place and safety aspects of the proposed display are satisfactory. The applicant shall provide a written application as provided in the Act and shall provide all information required by the Act 256 of 2011[1] as well as such information as may be deemed necessary in the discretion of the Township Board to allow them to make determination and rule on the application. The Township Board shall set by resolution the amount of bond or insurance deemed necessary to comply with the Act 256 of 2011 and may by resolution set fee as permitted by the Act, which fee shall be paid before the permit is issued.
[1]
Editor's Note: See MCLA § 28.451 et seq.
B. 
Before a permit for articles pyrotechnic or a display fireworks ignition is issued, the person applying for the permit shall furnish proof of financial responsibility by bond or insurance amount, character, and form deemed necessary by New Buffalo Township to protect the public and 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 of the person.
C. 
New Buffalo Township shall not issue under Act 256 of 2011 a permit to a nonresident person for ignition of articles of pyrotechnic or display fireworks in this state until the person has appointed in writing a resident member of the bar of this state or resident agent to be the legal representative upon whom all process in an action or proceeding against the person may be served.
D. 
Before granting a permit, the New Buffalo Township Board shall rule on the competency and qualifications of an articles pyrotechnic and display fireworks operator, as furnished by the operator on the operator's application form, in accordance with the requirements under NFPA 1123, and on the time, place, and safety aspects of the display of articles pyrotechnic or display fireworks. Application shall also include a diagram/site plan showing location of buildings, highways, overhead obstructions, and audience/crowd distances.
E. 
Application fee will cover cost of two on-site firefighters and a fire truck for two hours.
F. 
No permits will be issued for use within a residential district.
No person shall ignite, discharge or use consumer fireworks within New Buffalo Township except during the following dates and times:
A. 
11:00 a.m. on December 31 to 1:00 a.m. on January 1.
B. 
11:00 a.m. to 11:45 p.m. on the Saturday and Sunday immediately preceding Memorial Day.
C. 
11:00 a.m. to 11:45 p.m. on June 29 and 30 and July 1, 2, 3 and 4.
D. 
11:00 a.m. to 11:45 p.m. on July 5, if that date is a Friday or Saturday.
E. 
11:00 a.m. to 11:45 p.m. on the Saturday and Sunday immediately preceding Labor Day.
Sworn law enforcement officers are authorized to enforce the provisions of this chapter.
A. 
Any person, firm, or corporation violating the provisions of this chapter shall be responsible for a municipal civil infraction punishable by the payment of a fine in an amount as established from time to time by resolution of the Township Board (check with the Municipal Ordinance Violations Bureau for the Schedule of Civil Fines and Costs), in addition to court costs and other costs imposed by the court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The foregoing penalties are in addition to all other rights and powers of the Township to proceed at law or equity with any other and additional appropriate remedies.
All proceedings 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 enforced when they are commenced.