§ 38-4. Fireworks.

Pursuant to Section 7 of the Michigan Fireworks Safety Act, MCL 28.457, the city ordains:

(1)

Definitions. As used in this section, the following words and phrases have the meanings set forth herein:

a.

Articles pyrotechnic mean 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.

b.

Chinese lanterns, also known as sky lanterns or Kongming lanterns, are airborne paper lanterns constructed from oiled rice or other paper on a frame, and contain a small candle or fuel cell composed of a waxy flammable material. When lit, the flame heats the air inside the lantern causing the lantern to rise into the air.

c.

Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are regulated 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. Examples include, but are not limited to aerials, Roman candles, bottle rockets, firecrackers, helicopter/aerial spinners, reloadable shell devices, missile-type devices, single tube devices with report and other items that leave the ground. "Consumer fireworks" does not include low-impact fireworks.

d.

Display fireworks means large fireworks devices and 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.

e.

Federal holiday is defined as:

1.

New Year's Day (January 1);

2.

Birthday of Martin Luther King, Jr. (third Monday in January);

3.

Washington's Birthday (third Monday in February);

4.

Memorial Day (last Monday in May);

5.

Independence Day (July 4);

6.

Labor Day (first Monday in September);

7.

Columbus Day (second Monday in October);

8.

Veteran's Day (November 11);

9.

Thanksgiving (fourth Thursday in November);

10.

Christmas Day (December 25).

f.

Firework or fireworks means 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.

g.

Low-impact fireworks means any ground-based and some 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.

h.

Novelty fireworks mean 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:

1.

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.

2.

Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph 1 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 designed to break apart or be separated so as to form a missile by the explosion.

3.

Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

4.

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.

i.

Special effects means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment.

j.

Use of fireworks means the ignition, discharge, and use of fireworks.

k.

Person means an individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.

Any modification of state law covering any of the above definitions shall automatically become a modification of this section.

(2)

General prohibition on ignition, discharge and use of consumer fireworks. No person shall ignite, discharge or use fireworks within the city at any time, except that:

a.

The use of consumer fireworks is permitted the day before, the day of, and the day after a federal holiday between the hours of 8:00 a.m. and 1:00 a.m.

b.

The use of low-impact fireworks are permitted year-round.

c.

Chinese lanterns, sky lanterns and/or Kongming lanterns or any similar devices are not classified as "fireworks" and are therefore not regulated by the State Fireworks Safety Act. In the interest of public safety the sale, storage, possession or use of Chinese lanterns, sky lanterns and/or Kongming lanterns or any similar devices within the city is prohibited.

(3)

Additional prohibitions.

a.

Consumer fireworks shall not be ignited, discharged, or used on any property without the owner or the legal representative's express written permission if the owner is not present.

b.

No fireworks shall be ignited, discharged, or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both.

c.

Any person who uses fireworks shall be in compliance with all other applicable laws or ordinances.

(4)

Permit, application and site plan.

a.

Any person wishing to use consumer fireworks or display fireworks on any day except the day before, day of, or day after a federal holiday must obtain a permit from the city fire department.

b.

Any person using fireworks shall be responsible for all shells or devices being fired or burned. In the event any shell does not explode, the person shall secure the area until the unexploded shell is found and properly disposed of.

c.

Smoking in an area where fireworks are being used is prohibited under NFPA 1124, 7.3.11.1 and is regulated by Michigan Fireworks Safety Act, Act 256 of 2011, Section 12(4).

d.

Nothing herein limits the liability of any individual for injury to any person or property as a result of the use of fireworks, including any fire suppression costs incurred as a result of improper, careless or negligent use of fireworks.

(5)

Enforcement, seizure of fireworks and penalties.

a.

This section may be enforced by the fire chief or his/her designee or any sworn law enforcement officer.

b.

If an enforcing official determines that a violation of this section or the Michigan Fireworks Safety Act has occurred, the official may seize the fireworks as evidence of such violation.

c.

Any person who violates this section is guilty of a municipal civil infraction which shall be punishable upon conviction thereof by a fine not exceeding $500.00 at the discretion of the court.

d.

Upon conviction, or finding of responsibility, for a violation of this section, the city may dispose of or destroy any consumer fireworks or low-impact fireworks retained as evidence for prosecution of the violation.

e.

In addition to any other penalty provided herein, a person who is found responsible, for a violation of this section shall reimburse the city for the costs of storing, disposing of, or destroying any consumer or low-impact fireworks seized as provided for herein or the cost to the city for extinguishing a fire caused by a violation of this section.

(Code 1971, § 12-4; Ord. No. 15-430, 5-18-15)

State law reference

City fireworks permits, MCL 750.243a et seq.