(A) The Township Board may permit articles pyrotechnic, display fireworks and special effect fireworks in the township, pursuant to the provisions of M.C.L.A. §§ 28.451 et seq. and this chapter.
(B) Any person wishing to conduct an articles pyrotechnic, display fireworks or special effects display shall, at least 45 days prior to any display, submit an application on a form furnished by the township, pay the required fee and shall secure permission from the Township Board prior to any such fireworks display.
(C) (1) The site plan of the area where the articles pyrotechnic, display fireworks or special effects display is to be conducted shall be submitted with the application. The site plan shall set forth all structures in the area and within the discharge site fallout area.
(2) The site plan shall furthermore set forth the distance separating any fireworks and any spectator viewing areas.
(3) All site plans shall be forwarded to the Fire Chief and/or his or her designated alternate for approval, including any recommended conditions, prior to coming before the Township Board for its approval.
(D) A copy of any required state or federal permit for the fireworks display shall be submitted with the application.
(E) Proof of insurance conforming to the requirements of this chapter and the Michigan Fireworks Safety Act, Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq., shall be submitted with the application.
(F) The application shall include information as to the competency and qualifications of the fireworks display operators, as required by NFPA 1123.
(G) The Township Board shall approve an application for an articles pyrotechnic, display fireworks or special effects display if it finds that all of the following standards are satisfied:
(1) The application and accompanying documentation is complete and conforms to the requirements of this chapter;
(2) The operator of the fireworks display is competent and qualified to conduct the fireworks display, per NFPA 1123;
(3) The Fire Chief or his or her designated alternate has approved the application and site plan;
(4) The fireworks display will not have an adverse effect upon public safety;
(5) The time, duration, location of the fireworks or special effects display will not, due to noise and other factors, unreasonably disturb the peace of persons residing within the vicinity or otherwise violate the township’s nuisance provisions in Chapter 90 of this code of ordinances or any other township ordinances; and
(6) The Township Board, in approving an application hereunder, shall have the authority to impose such conditions as it determines in its sole reasonable discretion are necessary to assure that the fireworks display will satisfy the above standards.
(H) Requirements and restrictions.
(1) The person conducting the fireworks display shall follow NFPA 1123 for fireworks display and/or the township requirements set forth herein, whichever are more restrictive.
(2) (a) A minimum safe area of 250-foot radius, plus an additional 70-foot radius for each inch by which the fireworks shell exceeds three inches in diameter shall be required.
(b) The Township Board shall have the authority to grant a variance from this requirement where it determines in its sole reasonable discretion that, given:
1. The nature of the subject site;
2. The nature of the surrounding area; and/or
3. The nature of the proposed fireworks display, that a variance will not have a material adverse impact on public safety. In no event, however, shall the applicant fail to comply with the minimum requirements of NFPA 1123.
(3) The applicant shall maintain personal injury liability insurance/property damage liability insurance in the amount of $1,000,000 for each event. The township shall be named as an additional insured on the insurance policy.
(4) The Township Board shall not issue a permit to a nonresident person until the person has appointed in writing a member of the state bar or a resident agent to be the person’s legal representative upon whom all process in an action or proceeding against the person may be served.
(5) The applicant shall be responsible for all shells being fired. In the event one or more of the shells does not explode, the applicant shall secure the area until the unexploded shell(s) is found and properly disposed of.
(6) The consumption of alcohol immediately prior to and during the fireworks display by any person involved in conducting the display is prohibited.
(7) A fireworks display conducted hereunder shall conform with all specifications set forth in the approved application and site plan, as well as with any conditions imposed by the Township Board in granting such approval.
(8) The applicant shall cause the site of the fireworks display to be cleaned up within 24 hours after the fireworks display has ended.
(9) A permit is not transferable and shall not be granted to a minor.
(Ord. 6-18-19, passed 6-18-2019) Penalty, see § 92.99