(a) As used in this chapter, the following definitions shall apply:
(1) “Act 256” means the Michigan Fireworks Safety Act, Act 256 of the Public Acts of Michigan of 2011, being MCL 28.451 et seq., as it may be amended from time to time.
(2) “City” means the City of Davison.
(3) “Consumer fireworks” means that term as defined in Act 256, Section 28.452.
(4) “Council” means the Davison City Council.
(5) “Display fireworks” means that term as defined in Act 256, Section 28.452.
(6) “Firework” or “fireworks” means that term as defined in Act 256, Section 28.452.
(7) “Low-impact fireworks” means that term as defined in Act 256, Section 28.452.
(8) “Novelties” means that term as defined in Act 256, Section 28.452.
(9) “Retailer” means that term as defined in Act 256, Section 28.452.
(10) “Wholesaler” means that term as defined in Act 256, Section 28.452.
The Michigan Fireworks Safety Act can be found at http://www.legislature.mi.gov.
(b) Display Fireworks. Any organization or group wishing to ignite display fireworks, must apply for and receive a permit from the City for a fee listed in the Schedule of Fees. This fee may be waived by action of Council. (Pursuant to the authority granted by MCL 28.456.)
(c) Use of Consumer Fireworks Prohibited. No person shall ignite, discharge or use consumer fireworks in the city except as provided in this chapter.
(1) Consumer fireworks may be ignited, discharged, or used on the following days after 11:00 a.m.:
A. December 31 until 1 a.m. on January 1.
B. The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
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.
E. The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
(2) This prohibition shall not prohibit organizations and individuals described in Michigan Public Law 256 of 2011, Section 28.466, Sec. 16, from using consumer fireworks during non-holiday period for special occasions with Council approval if a permit is obtained from the City with the payment of a fee defined in the Schedule of Fees. The fee is to be refunded if Council does not approve the request.
Special occasions include but are not limited to City community events, school events, fraternal and auxiliary organization events, birthdays, and family reunions. All permits for special occasions require Council approval.
During special occasions, consumer fireworks may not be used after 11:00 p.m. on the day or days of the event.
(d) Firework Safety. No person shall recklessly endanger the life, health, safety, or well- being of any person by the ignition, discharge, or use of consumer fireworks.
(e) Prohibited Conduct.
(1) A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the properly of another person without that organization's or person's express permission to use those fireworks on those premises.
(2) A person shall not use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination thereof.
(3) A person shall not ignite, discharge or use consumer fireworks during periods of drought or other dangerous situations where the area's Fire Chief, or designated fire official, has determined a hazardous condition or risk of wildfire exists in accordance with applicable provisions of the City fire code.
(f) Local, State, and Federal Law Requirements. Nothing contained within this chapter shall be construed to relieve a person of any duties and obligations imposed under any local, State, or Federal laws, rules, regulations, license, or permit requirements.
(g) Violations, Fines, and Penalties. Any person violating the provisions of this chapter shall be responsible for a civil infraction, punishable by a fine of $1,000, of which $500 will be remitted to the City of Davison Police Department as required by Michigan law.
(Ord. 2014-05. Passed 12-8-14; Ord. 2019-03. Passed 9-23-19.)