[Adopted 7-15-2019[1]]
[1]
Editor’s Note: This ordinance superseded former Art.
VII, Fireworks, adopted 12-8-2014.
This article shall hereafter be known and may be cited as the
Township "Fireworks Ordinance."
The purpose of this article is to regulate the possession, ignitition,
discharge and/or use of consumer fireworks within the Charter Township
of Blackman.
As used in this article, the following definitions shall apply:
2001 APA standard 87-1, standard for construction and approval
for transportation of fireworks, novelties, and theatrical pyrotechnics,
published by the American Pyrotechnics Association of Bethesda, Maryland.
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 Standard 87-1, 3.1.2, 3.1.3,
or 3.5. "Consumer fireworks" does not include low-impact 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.
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.
An individual who is less than 18 years of age.
A person shall not ignite, discharge or use consumer fireworks,
except on the following days and times:
A.
After 11:00 a.m. on December 31 until 1 a.m. on January 1.
B.
After 11:00 a.m. on the Saturday and Sunday immediately preceding
Memorial Day until 11:45 p.m. on each of those days.
C.
After 11:00 a.m. on June 29 to July 4 until 11:45 p.m. on each of
those days.
D.
After 11:00 a.m. on July 5, if that date is a Friday or Saturday,
until 11:45 p.m.
E.
After 11:00 a.m. on the Saturday and Sunday immediately preceding
Labor Day until 11:45 p.m. on each of those days.
A minor shall not possess consumer fireworks.
If a public safety officer or any sworn law enforcement officer
determines that a violation of this article has occurred, the officer
may seize the consumer fireworks as evidence of the violation.
Any person violating any provision of this article shall be
deemed guilty of a civil infraction with a civil fine of $1,000 for
each violation of this ordinance. Remittance of $500 of the fine collected
under this ordinance shall be given to the Blackman-Leoni Department
of Public Safety, in accordance with state law. In addition, any violation
of this article shall be deemed a nuisance per se, permitting the
Township Board, its officers, agents or any private citizen who lives
in the Township to take such action in any court of competent jurisdiction
to cause the abatement of such nuisance, including injunctive relief.
Following final disposition of a finding of responsibility for violating
this section, the Township may dispose of or destroy any consumer
fireworks retained as evidence in that prosecution.
