(A) Definitions. The following words, terms and phrases when used in this section shall have the meanings ascribed to them in this section, except when context clearly indicates a different meaning:
(1) ACT. The Michigan Fireworks Safety Act, Act 256 of 2011, and any amendments to the Act which may, from time to time, be adopted.
(2) APA STANDARD 87-1. 2001 APA standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland, and any amendments to the standard which may, from time to time, be adopted.
(3) ARTICLES PYROTECHNIC. 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.
(4) CONSUMER FIREWORKS. Fireworks 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 APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.
(5) DISPLAY FIREWORKS. Large fireworks devices that are explosive materials intended for use in fireworks displays and designated 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.
(6) FIREWORKS. 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.
(7) LOW-IMPACT FIREWORKS. 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.
(8) MINOR. An individual who is less than 17 years of age.
(9) PERMITTED DAYS. In accordance with the Michigan Fireworks Safety Act 256 of 2011.
(a) December 31, 11:00 a.m. until 1:00 a.m. on January 1.
(b) The Saturday and Sunday before Memorial Day, 11:00 a.m. until 11:45 p.m.
(c) June 29 to July 4, 11:00 a.m. until 11:45 p.m.
(d) July 5, if it falls on a Friday or Saturday, 11:00 a.m. until 11:45 p.m.
(e) The Saturday and Sunday before Labor Day, 11:00 a.m. until 11:45 p.m.
(10) NOVELTIES. 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 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 division (10)(a) above are used, that are constructed so that the hand cannot come into 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 missile by the explosion.
(c) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter.
(d) 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.
(11) PERSON. Any individual, agent, legal representative, association, charitable organization, church, non-profit organization, unincorporated organization, labor organization, partnership, limited liability company, corporation, or any other entity or organization. An individual shall include a minor as defined in this section.
(12) PUBLIC PROPERTY. Property dedicated and appropriated to the public use.
(13) PUBLIC USE. When used with reference to land reserved for that purpose, means and relates to uses for the general benefit of the public, such as schools, libraries, public institutions, government buildings, government parking lots, parks, boulevards, playgrounds, streets, roads, highways, alleys, sidewalks, bike paths, trailways, easements and sewers, public lighting, water, gas, or other similar utility installations, structures and grounds.
(14) SPECIAL EFFECTS. A combination of chemical elements or chemical compounds capable or 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.
(15) VISIBLY INTOXICATED. An individual shall not discharge, ignite, or use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. A person that violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $1,000. As used in this division:
(a) ALCOHOLIC LIQUOR means that term as defined in section 1d of the Michigan vehicle code, 1949 PA 300, M.C.L.A. 257.1d.
(b) CONTROLLED SUBSTANCE means that term as defined in section 8b of the Michigan vehicle code, 1949 PA 300, M.C.L.A. 257.8b.
(B) Fireworks; prohibitions.
(1) Consumer fireworks. A person shall not ignite, discharge or use consumer fireworks, (such as roman candles, bottle rockets, firecrackers, aerials, etc.) except on permitted days and times, provided that a person shall not ignite, discharge or use consumer fireworks in violation of the Act and/or this section.
(2) Low impact and novelty fireworks. A person shall not use, ignite or discharge low impact or novelty fireworks (such as sparklers, snakes, smoke devices, snaps, poppers, etc.) between the hours of 10:00 p.m. and 7:00 a.m.
(3) Illegal fireworks. A person shall not use, possess, or discharge fireworks in violation of the Act.
(C) Minors.
(1) A minor shall not possess, use, discharge or ignite any consumer fireworks, at any time, nor on any day, including permitted days and times.
(2) A minor shall not use, discharge, or ignite any low impact fireworks or novelty fireworks, unless under the supervision of a parent or guardian, and the use, discharge and/or ignition is within permitted hours, and does not violate the provisions of this section and/or the Act.
(D) General restrictions.
(1) Unless specifically authorized, no person shall use, discharge or ignite fireworks, including consumer fireworks on public property and that of public use (including streets and sidewalks), school property, another person's business or property without their express permission, and property defined above.
(2) No person shall use, discharge or ignite any fireworks within 20 feet of an open flame, a burner, gasoline, ignited gas or electric grill, or in any enclosed structure, garage, tent, or shed, or under any canopy, or overhanging cover, of any nature.
(3) No person being visibly intoxicated due to the voluntary consumption of alcoholic liquor as that term is defined under the State of Michigan Motor Vehicle Code shall use, discharge or ignite fireworks, anything by this section to the contrary notwithstanding.
(4) No person shall either individually or in concert with another person, cause damage to any private or public property by the use, discharge or ignition of any fireworks.
(5) No person shall use, discharge or ignite consumer fireworks within 200 feet of a residential structure.
(6) No person shall create litter by using, igniting or discharging fireworks.
(E) Applicability of general ordinances. Nothing in this section or in the Act shall preclude the enforcement of ordinances prohibiting conduct that is secondary or incidental to the use, discharge, or ignition of fireworks.
(F) Zoning ordinances. Any person selling, distributing or transporting fireworks shall otherwise comply with the Act, and is required to comply with the zoning ordinances of the city, including obtaining necessary approvals thereunder. Failure to obtain necessary zoning approvals is subject to penalty as provided in the zoning ordinances of the city.
(G) Imminent dangers. Notwithstanding the Act, no person shall use, discharge or ignite fireworks thereby creating or causing an imminent danger or threat to the public health, safety, or welfare, as reasonably deemed by the Fire Marshall, and such fireworks being used, ignited or discharged may be immediately seized.
(H) Seizure. All fireworks used, discharged, and/or ignited in violation of the Act and/or this section are subject to seizure. Any costs incurred by the city to seize and store the fireworks shall be paid by the responsible party.
(‘83 Code, § 137.15) (Ord. 12-007, passed 8-27-12; Am. Ord. 21-002, passed 2-8-21) Penalty, see § 91.99