§ 138.04 GENERAL PROVISIONS.
   (A)   A person shall not offer for sale, expose for sale, sell at retail, keep with intent to sell at retail "Display Fireworks" (formerly known as "Class B" Fireworks), also known as 1.3G Fireworks.
   (B)   The sale, display, storage, transportation, or distribution of consumer, display or low-impact fireworks is not regulated under this chapter, except as set forth in §§ 153.001 and 153.354 of the code.
   (C)   Prohibition on use of consumer fireworks. 
      (1)   No person shall ignite, discharge or use consumer fireworks within the township, except this prohibition shall not preclude any person from the ignition, discharge or use of consumer fireworks on the following days after 11:00 a.m.:
         (a)   December 31 until 1:00 a.m. on January 1.
         (b)   The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
         (c)   June 29 to July 4 until 11:45 p.m. on each of those days.
         (d)   July 5, if that date is a Friday or Saturday, until 11:45 p.m.
         (e)   The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
      (2)   Pursuant to Michigan Public Act 635 of 2018, each violation of this section shall result in a civil fine of $1,000.00; $500.00 of the fine collected under this section shall be remitted to the Montrose Township Police Department for enforcing this section.
   (D)   Ignition, discharge or use of consumer fireworks within the township, other than as permitted in subsection (C)(1)(a) through (e), may be permitted upon the issuance of a special use permit in accordance with § 153.215 et seq. and the following:
      (1)   The special use permit period shall not exceed 5 days.
      (2)   In addition to notification requirements provided in § 153.427, the township fire department shall receive notification by either personal delivery or by first class U.S. mail.
      (3)   In addition to establishing that the standards set forth in § 153.218 are satisfied, the Planning Commission may attach any special conditions to the approval of a special use permit as may be necessary to assure the safety of spectators and surrounding property owners.
   (E)   Low-impact fireworks shall be ignited, discharged, or used so as to not cause injury or damage to any person or property but shall not be ignited, discharged, or used inside any building or structure at any time without a license or permit issued by the Fire Marshal or Fire Chief. Novelty fireworks may be ignited, discharged, or used without restriction, but only in a manner so as to not cause injury or damage to any person or property.
(Ord. 14-211, passed 9-16-2014; Ord. 2019-235, passed 9-17-2019)