(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS.
(a) A device made from explosive or flammable composition used primarily for the purpose of producing a visible display or audible effect, or both, by combustion, deflagration or detonation, including those items defined as Class B and Class C fireworks by M.C.L.A.§ 23.451.
(b) FIREWORKS shall not include paper caps containing not more than 0.25 of a grain of explosive content per cap, toy pistols, toy cannons, toy canes and toy guns of a type approved by the Director of the Department of State Police in which paper caps are used, 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, 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 sports or for use by military organizations.
(1979 Code, § 9.161)
(B) General regulations. It shall be unlawful for any person to manufacture, offer for sale, expose for sale, sell at retail, keep with the intent to sell at retail, possess, give, furnish, transport, use, explode or cause to explode any fireworks except pursuant to a permit issued by the city pursuant to this section.
(1979 Code, § 9.162)
(C) Permits.
(1) (a) Permits for the possession, transportation, sale and use of fireworks for outdoor pest control or agricultural purposes or for public display by municipality, fair association, amusement parks or other organizations or groups of individuals or to a resident wholesale dealer or jobber shall be applied for in writing at least 15 days in advance of the date of the intended transportation, sale, possession or use of fireworks.
(b) Application shall be made to the Fire Department and the transportation, sale, possession or use of fireworks shall be lawful only under the permit, together with such terms and conditions as may be imposed by the Fire Department as reasonable and necessary under the circumstances for the protection of persons and property. A permit granted hereunder shall not be transferrable nor shall a permit be issued to a person under 18 years of age nor shall any permit be extended beyond the dates set out therein.
(1979 Code, § 9.163)
(2) The applicant for a permit shall furnish a bond in an amount deemed adequate by the Fire Department for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted use and arising from any acts of the holder of the permit, his or her or her agents, employees or subcontractors.
(D) Fireworks shall be prohibited in the City of Memphis, other than show put on by the professionals and/or shows that have been brought before the City Council and been approved by a majority of members present. A person may ignite, discharge or use consumer grade fireworks that have been approved by the State of Michigan shall be limited to the following days and hours.
(1) Between 11:00 a.m. on December 31 to 1:00 a.m. immediately following January 1;
(2) Between 11:00 a.m. and 11:45 p.m. on Saturday immediately preceding Memorial Day;
(3) Between 11:00 a.m. and 11:45 p.m. on Sunday immediately preceding Memorial Day;
(4) Between 11:00 a.m. and 10:30 p.m. on Memorial Day;
(5) Between 11:00 a.m. and 11:45 p.m. on June 29, June 30, July l, July 2, July 3 and July 4;
(6) Between 11:00 a.m. and 11:45 p.m. on July 5, if that date is a Friday or Saturday;
(7) Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Labor Day;
(8) Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Labor Day;
(9) Between 11:00 a.m. and 10:30 p.m. on Labor Day;
(10) Between 11:00 a.m. and 10:30 p.m. on the Friday and Saturday of Memphis Days; and
(11) For special occasions a person may request a permit to use fireworks on Friday and Saturday only between the hours of 11:00 a.m. and 10:30 p.m.
(E) Under the fireworks special permit if the igniting or use of fireworks is by a licensed pyrotechnic then an inspection by the Memphis Fire Department is required.
(1979 Code, § 9.164)
(Ord. 64, passed 6-20-1978; Ord. 206, passed 9-3-2019)
Penalty, see § 10.99