§ 92.35  GENERAL RESTRICTIONS INCLUDING HOLIDAYS.
   (A)   Fireworks, including consumer fireworks, shall not be ignited within 20 feet of an open flame, a burner, gasoline, ignited gas or electric grill, or any combustible or flammable item or compound, or in any enclosed structure, garage, tent, or shed, or under any canopy or overhanging cover, of any nature.
   (B)   Any use of fireworks that disrupts the peace of the public, which may include, deposits of litter or debris caused by fireworks, is prohibited, notwithstanding anything to the contrary in the Act.
   (C)   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.  Any violation of this provision is subject to any penalty imposed under the Act, except that damage to public property under control of the city or damage to any private property not protected under the Act is a misdemeanor, if a higher offense is not available under state law.
   (D)   No consumer fireworks may be ignited, launched, or discharged within 30 feet of any house, structure, building, vehicle, or landscaping.  Landscaping may include, without limitation, any tree, bush, flowers, vegetable garden, or gazebo.
   (E)   No person shall at any time discharge or ignite any low impact fireworks within 15 feet of another person's property, without the owner's permission.  Any violation is a municipal civil infraction.
   (F)   No individual shall use, ignite or discharge consumer fireworks or low impact fireworks while under the influence of alcohol, a controlled substance and/or a synthetic marijuana or other illegal substance.  Alcoholic liquor means that term as defined in § 1d of the Michigan Vehicle Code, M.C.L.A. § 257.1d, or any subsequent provision amending or replacing that provision.  Controlled substance means that term as defined in § 8b of the Michigan Vehicle Code, M.C.L.A. § 257.1d, or any subsequent provision amending or replacing that definition.  Synthetic marijuana or other illegal substances are as determined under the Public Act 180-183 of 2012, and the Public Health Code, M.C.L.A. § 333.2451.  A violation of this provision shall be a misdemeanor, and shall result in the seizure, removal and storage of the fireworks, at the expense of the responsible person.
(Ord. 842, passed 8-20-11)