(a) Definitions.
(1) “Consumer fireworks” means 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 American Pyrotechnics Association (“APA”) standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.
(2) “Display fireworks” means 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.
(3) “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, homemade fireworks, and special effects.
(4) “Homemade fireworks” means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation that is not produced by a commercial manufacturer and does not comply with the construction, chemical composition, and labeling regulations of the United States Consumer Product Safety Commission under 16 CFR parts 1500 and 1507.
(5) “Low-impact fireworks” means 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.
(6) “Novelties” means 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 .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. above 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 projectile or 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 twelve 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.
(7) “Occupant” means any person having immediate control of private or public premises and/or real property.
(8) “Owner” means any person holding legal or equitable title to a property or to real improvements upon a property.
(9) “Premises” means any dwelling, building or other structure designed or used wholly or in part for residential purposes, whether inhabited or vacant, and its curtilage or part thereof.
(10) “Property” means anything of value which is subject to ownership, including real property and fixtures.
(11) “Real property” means land and whatever is erected upon, growing upon or affixed to it.
(b) Prohibition on use of consumer fireworks. No person shall ignite, discharge or use consumer fireworks within the City, except this prohibition shall not preclude any person from the ignition, discharge and use of consumer fireworks on the following days after 11:00 a.m.:
(1) December 31 until 1:00 a.m. on January 1.
(2) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
(3) June 29 to July 4 until 11:45 p.m. on each of those days.
(4) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
Further, no owner or occupant shall permit a person to ignite, discharge or use consumer fireworks on their property within the City, except as specified above or as may be permitted under Section 652.07(c)(8).
(c) Enforcement. The Fire Chief, his designees and sworn law enforcement officers are authorized to enforce the provisions of this section.
(d) Violations, fines, penalties and seizure.
(1) Any person, firm, corporation or entity violating the provisions of this section shall be guilty of a civil infraction, and shall be fined one thousand dollars ($1,000.00) for each violation of this section.
(2) Five hundred dollars ($500.00) of the fine collected pursuant to above subsection (d)(1) shall be remitted to the Battle Creek Police Department.
(3) If the Fire Chief, his designee or a sworn law enforcement officer determines that a violation of this section has occurred, he or she may seize the consumer fireworks as evidence of the violation.
(4) Following the final disposition of a finding of responsibility for violating this section, the City may dispose of or destroy any consumer firework retained as evidence in that prosecution.
(Ord. 22-95. Passed 7-18-95; Ord. 12-4. Passed 8-21-12; Ord. 06-2015. Passed 6-16-15; Ord. 05-2019. Passed 5-7-19.)