(A) Definitions. As used in the section, CONSUMER FIREWORKS, ARTICLES PYROTECHNIC, DISPLAY FIREWORKS and SPECIAL EFFECTS have the same meaning as those terms as defined in § 2 of the Michigan Fireworks Safety Act, being M.C.L.A. § 28.452.
(B) Use of fireworks.
(1) No person shall ignite, discharge or use consumer fireworks except after 11:00 a.m. on the following days:
(a) December 31 until 1:00 a.m. January 1;
(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m.;
(c) June 29 to July 4 until 11:45 p.m. on each of those days;
(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.; and
(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
(2) A violation of division (B) is a civil infraction with a fine of $1,000 for each violation. Each consumer firework discharged in violation of this section shall constitute a separate offense. Five hundred dollars ($500) of each fine collected pursuant to this section shall be remitted to the Charlotte Police Department.
(C) Licensed displays.
(1) The City Council may, upon application in writing on forms provided by the Michigan Department of Licensing and Regulatory Affairs and payment of the required fees set by the city, if any, grant a permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks, consumer fireworks, or special effects manufactured for outdoor pest control or agricultural purposes, or for public or private display within the city by other municipalities, fair associations, amusement parks, or other organizations or individuals approved by the city, if the applicable provisions of the Michigan Fireworks Safety Act, M.C.L.A. §§ 28.451 et seq., are met. After a permit has been granted, a permit holder may sell, possess, or transport fireworks for only the purposes described in the permit. A permit granted under this division is not transferable and shall not be issued to a minor.
(2) 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 a bond or insurance in an amount, character, and form deemed necessary by the city 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.
(3) A permit shall not be issued under this division to a nonresident person for ignition of articles pyrotechnic or display fireworks in this state until the person has appointed in writing a resident member of the bar of this state or a resident agent to be the legal representative upon whom all process in an action or proceeding against the person may be served.
(4) Before granting of a permit under this division, the city 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 provided under NFPA 1123, and on the time, place, and safety aspects of the display of articles pyrotechnic or display fireworks.
(5) The city may charge and collect a fee to issue a permit under this division and shall retain the collected fee.
(Ord. 2020-05, passed 7-13-2020)
Statutory reference:
Fireworks, see M.C.L.A. §§ 750.243a et seq.