656.06   CONSUMER FIREWORKS.
   (a)   Authority. This Section is hereby adopted pursuant to authority conferred upon local units of government by M.C.L.A. 28.457.
   (b)   Definitions.
      (1)   "Consumer fireworks" means 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, 3.1.1, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.
      (2)   "Low-impact fireworks" means ground and handheld sparkling devices as that phrase is defined under APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
   (c)   Ignition, discharge and use of consumer fireworks. Consumer fireworks shall not be ignited, discharged or used in the City of Reed City except on the following dates and times:
      (1)   December 31 from 11:00 a.m. until January 1 until 1:00 a.m.
      (2)   The Saturday and Sunday immediately preceding Memorial Day (allowed only from 11:00 a.m. to 11:45 p.m. on both days).
      (3)   From June 29 through July 4 (allowed only from 11:00 a.m. to 11:45 p.m. on each day).
      (4)   July 5 from 11:00 a.m. to 11:45 p.m. if July 5 falls on a Friday or Saturday.
      (5)   The Saturday and Sunday immediately preceding Labor Day (allowed only from 11:00 a.m. to 11:45 p.m. on both days).
      A person who violates this Subsection shall be responsible for a municipal civil infraction, punishable by a fine of One Thousand Dollars ($1,000.00).  Five Hundred Dollars ($500.00) of the fine collected under this Section shall be remitted to the City of Reed City Police Department.
   (d)   Other violations.
      (1)   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 to use those fireworks on those premises.  "Property of another person" includes hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas.  A person who violates this Subsection is responsible for a civil infraction, punishable by a fine of up to One Thousand Dollars ($1,000.00), as provided by the Act.
      (2)   A person who ignites, discharges, or uses consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and controlled substance, is guilty of a state civil infraction, punishable by a fine of up to One Thousand Dollars ($1,000.00); or if the violation caused damage to the property of another person, guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than One Thousand Dollars ($1,000.00), or both.
      (3)   A person who owns or is in charge of property who knowingly allows consumer fireworks to be ignited, discharged or used in violation of this subsection shall be responsible for a municipal civil infraction, punishable by a fine of One Thousand Dollars ($1,000.00).
   (e)   Notwithstanding the provisions of Subsection (c) of this Section, if the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to extreme fire conditions or if the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to very high for 72 consecutive hours, the City of Reed City Fire Chief, on consultation with the Department of Natural Resources, has the authority to enforce a no burning restriction that includes a ban on the ignition, discharge and use of consumer fireworks within a city.  If a no burning restriction is instituted under this Subsection, the Fire Chief shall ensure that adequate notice of the restriction is provided to the public.  Not more than 24 hours after the fire condition is downgraded from extreme or very high fire conditions, the Fire Chief shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public.  A person who violates such a ban shall be responsible for a municipal civil instruction, punishable by a fine of One Thousand Dollars ($1,000.00).
(Ord. 005-2019.  Passed 9-16-19.)