(a) Definitions. As used in this chapter:
CLASS B FIREWORKS. Toy torpedoes, railway torpedoes, firecrackers or salutes that do not qualify as Class C fireworks, exhibition display pieces, aeroplane flares, illuminating projectiles, incendiary projectiles, incendiary grenades, smoke projectiles or bombs containing expelling charges but without bursting charges, flash powders in inner units not exceeding two ounces each, flash sheets in interior packages, flash powder or spreader cartridges containing not more than 72 grains of flash powder each, and other similar devices.
CLASS C FIREWORKS. Toy smoke devices, toy caps containing not more than .25 grains of explosive mixture, toy propellant devices, cigarette loads, trick matches, trick noise makers, smoke candles, smoke pots, smoke grenades, smoke signals, hand signal devices, signal cartridges, sparklers, explosive auto alarms, and other similar devices.
FIREWORKS. A device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration, or detonation. FIREWORKS includes Class B fireworks and Class C fireworks.
(b) Sale, possession, transportation, use, prohibited. Except as provided in subsections (c)(2) through (c)(4), a person, firm, partnership, or corporation shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail, possess, give, furnish, transport, use, explode, or cause to explode any of the following:
(1) A blank cartridge, blank cartridge pistol, toy cannon, toy cane, or toy gun in which explosives are used.
(2) An unmanned balloon which requires fire underneath to propel it and is not moored to the ground while aloft.
(3) Firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, bottle rockets, whistling chasers, rockets on sticks, or other fireworks of like construction.
(4) Fireworks containing an explosive or inflammable compound or a tablet or other device commonly used and sold as fireworks containing nitrates, fulminates, chlorates, oxalates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorus, or a compound containing these or other modern explosives.
(c) Exceptions. A permit is not required for the following:
(1) Flat paper 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.
(2) Toy pistols, toy cannons, toy canes, toy trick noise makers, and toy guns of a type approved by the Director of the Department of State Police in which paper caps as described in subsection (c)(1) are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.
(3) Sparklers containing not more than .0125 pounds of burning portion per sparkler.
(4) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, cone fountains and cylinder fountains.
(5) 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.
(6) Possession, transportation, sale or use of signal flares of a type approved by the Director of the Department of State Police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, for use by military organizations, and all items described in subsection (b) used by railroads for emergency signal purposes.
(7) The sale of fireworks, provided they are to be shipped directly out of State pursuant to regulations of the United States Department of Transportation covering the transportation of explosives and other dangerous articles by motor, rail, and water.
(8) Nothing contained in the exceptions listed in this subsection (c) shall be construed to alter an individual’s or businesses’ obligation to obtain a license to sell fireworks pursuant to § 12-260.
(d) Permit for use or sale of fireworks; application; purpose of use; age limitation.
(1) The Fire Marshal, upon application in writing, on forms provided by the Fire Department, may grant a permit for the use of fireworks otherwise prohibited by subsection (b), within the corporate limits, manufactured for outdoor pest control or agricultural purposes, or for public display by municipalities, fair associations, amusement parks, or other organizations or groups of individuals approved by the City, if the applicable provisions of this section are complied with. After a permit has been granted, sales, possession, or transportation of fireworks for the purposes described in the permit only may be made. A permit granted under this subsection shall not be transferable, nor shall a permit be issued to a person under the age of 18 years.
(2) The Fire Marshal, upon application in writing, may grant a permit, on forms provided by the Fire Department, to a resident wholesale dealer or jobber to have in his/her possession within the corporate limits, fireworks otherwise prohibited by subsection (b), for sale only to holders of permits as provided in this section. A permit granted under this subsection is not transferable, nor shall a permit be issued to a person under the age of 18 years.
(3) Before a permit for a pyrotechnic display is issued, the person, firm, or corporation making application therefor shall furnish proof of financial responsibility by a bond or insurance in an amount deemed necessary by the Fire Marshal to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person, firm, or corporation, or an agent or employee thereof, in the amount, character, and form the Fire Marshal determines necessary for the protection of the public.
(4) A permit shall not be issued to a nonresident person, firm, or corporation for conduct of a pyrotechnic display in this State until the person, firm, or corporation has appointed in writing a resident member of the bar of this State or a resident agent to be his legal representative upon whom all process in an action or proceeding against him may be served.
(5) The Fire Marshal shall rule on the competency and qualifications of operators of pyrotechnic displays, as the operator has furnished in his application form, and on the time, place, and safety aspects of the displays before granting permits.
(e) Storage of fireworks; wholesalers, dealers and jobbers. The storage of fireworks at the site of a wholesaler, dealer, or jobber, except for a retailer who has goods on hand for sale to the public in a supervised display area, shall be as follows:
(1) In a one-story, noncombustible building without a basement, which building is weather resistant, well ventilated, and equipped with a strong door kept securely locked except when open for business.
(2) The location of the storage building shall be approved by the Fire Marshal, and shall be located not less than the distances, set forth in MCLA § 750.243d(b), from inhabited buildings, passenger railroads, and public highways according to the number of pounds of fireworks stored, rounded to the nearest pound.
(3) A person shall not cause or allow smoking, matches, open flames, spark producing devices, or firearms inside of or within 50 feet of a building used for the storage of fireworks. A person shall not store combustible materials within 50 feet of a building used for the storage of fireworks.
(4) The interior of a building used for the storage of fireworks shall be kept clean and free from debris and empty containers. A person shall not use a building used for the storage of fireworks for the storage of any metal tools or any commodity other than fireworks.
(5) A person shall not provide a building used for the storage of fireworks with heat or lights, except that if lights are necessary, an electric safety flashlight or safety lantern shall be used.
(6) A building used for the storage of fireworks shall bear lettering on each side and top in letters not less than four inches high, the words “EXPLOSIVES – KEEP FIRE AWAY.”
(7) A building used for the storage of fireworks shall be under the supervision of a competent person, who shall be not less than 18 years of age.
(8) In addition to the requirements of MCLA § 750.243d(b), salutes that do not qualify as Class C fireworks shall be considered to be hazardous material and shall be stored in accordance with rules for the storage and handling of hazardous material promulgated under Section 3c of Public Act 207 of 1941, as amended, being MCLA § 29.3c.
(f) Penalty; misdemeanor.
(1) Any person, firm, copartnership or corporation, who violates any of the provisions of subsections (a) to (c) or who violates the terms of any permit issued thereunder, is guilty of a misdemeanor punishable by 90 days in jail and/or a $500.00 fine. Nothing in this section shall preclude additional penalties for violations of the Michigan Fireworks Act that are also violations of this fireworks ordinance.
(2) Any member of the City Police Department or Fire Marshal may confiscate any fireworks found within the City in violation of Federal or State law, or in violation of the City Code (including any quantity of otherwise lawful fireworks in excess of ten pounds gross weight or one hundred pounds gross weight in the case of a licensed retail dealer).
(Ord. 3472, passed 5-29-2001)
Statutory references:
See MCLA § 29.3c, § 750.243a, § 750.243b, § 750.243d, § 750.243e