This section provides for the regulation of the ignition, discharge and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, being M.C.L.A. §§ 28.451 et seq., as amended.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT 256. The Michigan Fireworks Safety Act, Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq., as amended from time to time.
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 provided in Public Act 256 of 2011 being M.C.L.A. §§ 28.451 et seq.
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 requirements promulgated by the United States Consumer Product Safety Commission and are identified as such in Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq. CONSUMER FIREWORKS do not include low-impact fireworks.
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 deterioration and are identified as such in Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq.
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.
LOW-IMPACT FIREWORKS. Ground and handheld sparkling devices as provided in Public Act 256 of 2011 being M.C.L.A. §§ 28.451 et seq.
MINOR. An individual who is less than 18 years of age.
NATIONAL HOLIDAY. The following legal public holidays:
(a) New Year’s Day, January 1.
(b) Birthday of Martin Luther King, Jr., the third Monday in January.
(c) Washington’s Birthday, the third Monday in February.
(d) Memorial Day, the last Monday in May.
(e) Independence Day, July 4.
(f) Labor Day, the first Monday in September.
(g) Columbus Day, the second Monday in October.
(h) Veteran’s Day, November 11.
(i) Thanksgiving Day, the fourth Thursday in November.
(j) Christmas Day, December 25.
RETAILER. A person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.
SPECIAL EFFECTS. A combination of chemical elements or chemical compounds capable of 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.
WHOLESALE. Any person who sells consumer fireworks or low-impact fireworks to a retailer or any other person for resale. Wholesaler does not include a person who sells only display fireworks or special effects.
(B) Sale of consumer fireworks. A retailer or other person may not sell consumer fireworks within the village unless such person has obtained and has in effect a valid consumer fireworks certificate issued by the Michigan Department of Licensing and Regulatory Affairs and otherwise complies with, the requirements of Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq., and any rules and regulations promulgated thereto included those related to storage.
(C) Sale of low-impact fireworks. A retailer or other person may not sell low-impact fireworks unless such person is actively registered, in accordance with Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq., with the low-impact fireworks retail registry maintained by the Michigan Department of Licensing and Regulatory Affairs.
(D) Compliance with applicable ordinances and codes. Unless otherwise provided in this section, a retailer or wholesaler of fireworks located within the village must comply with the requirements of the village zoning ordinance and building codes and regulations.
(E) Use of consumer fireworks. Except as otherwise provided in this section, a person shall not ignite, discharge, or use consumer fireworks. In accordance with state and federal laws and applicable village ordinances, except between the hours of 1:00 a.m. and 8:00 a.m., a person may ignite, discharge, or use consumer fireworks on the day preceding, the day of, or the day after a national holiday.
(F) Firework safety. No person shall endanger the life, health or safety and/or property of any other person by the sale, use, possession, transport, display or discharge of any fireworks.
(G) Prohibition on or near certain property. No person shall, at any time, ignite, discharge, use or display, except under the terms and conditions of a permit issued to this section, any fireworks upon another person’s property or within 15 feet of another person’s property without such property owner’s permission. No person shall, at any time, ignite, discharge, use or display, except under the terms and conditions of a permit issued pursuant to this section, any fireworks in a public street or right-of-way, a public park, school property, or any other place of public assembly.
(H) Permits. Provided the applicable provisions of Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq. are complied with, upon application in accordance with this section, the village may issue a nontransferable permit for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks or special effects manufactured for outdoor pest control or agricultural purposes or for public or private display. After a permit has been issued, the sale, possession or transportation of fireworks for the purposes described in the permit only may be made. A permit may not be issued to a person under 18 years of age. The issuance of a permit shall be based on the competency and qualifications of the operator of such fireworks as required by Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq. and the time, place and safety aspects of the proposed use.
(I) Permit application. An application for a permit, on the form prescribed by the village, shall be made for use of fireworks requiring a permit at least 15 days in advance of such use.
(J) Permit fee. The fee for a fireworks permit as established from time-to-time by the Village Council shall accompany the application for a permit.
(K) Proof of financial responsibility. In order to receive a permit for articles pyrotechnic or display fireworks use, the applicant shall furnish proof of financial responsibility by a bond or insurance in the amount, character, and form deemed necessary by the Village President or his/her designee to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the applicant or an agent or employee of the applicant, and to protect the public.
(L) Storage of fireworks. The storage of fireworks by retailers and wholesalers shall at all times be in compliance with the requirements of Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq.
(M) Possession of consumer fireworks by minor. A minor shall not possess consumer fireworks.
(Ord. 2013-02, passed 11-11-2013) Penalty, see § 130.99