(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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.
DISPLAY FIREWORKS.
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.
FIREWORK
or
FIREWORKS.
Any composition or device, except for a starting pistol or flare designated for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, articles pyrotechnic, display fireworks, and special effects.
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 of the following:
(a) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than 0.25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cup.
(b) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in division (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 missile by the explosion.
(c) Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter.
(B) Prohibition on use of consumer fireworks.
(1) 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 day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 256 of 2011 and all other applicable local, state, or federal regulations. A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission, nor ignite, discharge or use consumer fireworks such that litter is created or placed on public property or the property of another unless specifically authorized.
(2) (a) NATIONAL HOLIDAY
, as used in this chapter, shall mean:
1. New Year’s Day, January 1;
2. Birthday of Martin Luther King, Jr., the third Monday in January;
3. George Washington’s birthday, the third Monday in February;
4. Memorial Day, the last Monday in May;
5. Independence Day, July 4;
6. Labor Day, the first Monday in September;
7. Columbus Day, the second Monday in October;
8. Veteran’s Day, November 11;
9. Thanksgiving Day, the fourth Thursday in November; and
10. Christmas Day, December 25.
(b) And any holidays as may be from time to time added, removed or changed under 5 USC Section 6103, or any replacement or amended legislation.
(C) General restrictions on exempted holidays (day preceding holiday, day of holiday, and day after holiday).
(1) Fireworks, including consumer fireworks, shall not be ignited within 30 feet of an open flame, a burner, gasoline or similar petroleum products or ignited gas or electric grill, or in any enclosed structure, garage, tent, or shed, or under any canopy or overhanging cover, of any nature.
(2) No consumer fireworks may be ignited, launched or discharged within 30 feet of any structure, building or vehicle, nor within 200 feet of any structure or building which is regularly and customarily used for purposes of human habitation.
(3) Fireworks may not be discharged during the hours of 11:00 p.m. and 11:00 a.m., and may not otherwise be discharged in violation of this chapter or the act, or any other ordinance.
(D) Prohibitions on sale of fireworks. It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of 18 years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used, the type of unmanned balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs or other fireworks of like construction, or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.
(E) Other prohibitions. Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than 0.0125 pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth inch in diameter, 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 thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than 0.25 of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times. Also not included is general display of fireworks for community purposes as approved by City Council.
(F) Enforcement. The Chief of Police, his or her designees and/or sworn law enforcement officers are authorized to enforce the provisions of this section.
(G) Nothing in this section shall preclude that enforcement of ordinances prohibiting conduct which is secondary or incidental to the use, discharge or ignition of fireworks, including but not limited to Chapters 94 and 130.
(H) A person who shall be in control of property, whether as tenant, owner or a person exercising apparent authority over the premises by reason of age, relationship or other status, shall be subject to the penalties of this section in addition to a person who directly shall violate this section; provided that a person who shall have control only as a non-resident owner shall be subject to penalties only if the premises have been habitually the resort of persons in violation of this section.
(I) A person who shall violate this section shall be subject to the general penalties for ordinances as set forth in § 10.99 or in alternative, a municipal civil infraction with a penalty being up to $100 for a first offense and up to $500 for any second or subsequent offense, all together with applicable court costs. A person who violates this section only as a non-resident owner shall only be subject to penalty as a municipal civil infraction.
(Ord. 322, passed 8-6-12; Am. Ord. 328, passed 8-4-14)