(A) A person shall not ignite, discharge or use consumer fireworks except on the following days after 11:00 a.m.:
(1) December 31 until 1:00 a.m. on January 1.
(2) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
(3) June 29 to July 4 until 11:45 p.m. on each of those days.
(4) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
(B) An individual 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 property owner's express permission to use those fireworks on those premises;
(C) An individual shall not use consumer fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor or controlled substance.
(D) For purposes of this section, the term "consumer fireworks" is defined by Act No. 634 of the Michigan Public Acts of 2018.
(E) For purposes of this section, the term "alcoholic liquor" is defined in section 1d of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.1d;
(F) For purposes of this section, the term "controlled substance" is defined in section 8b of the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. § 257.8b;
(G) If an enforcing official has determined that a violation of this section has occurred, the official may seize the fireworks as evidence of such violation.
(H) (1) A person that violates this section is responsible for a civil infraction and shall be ordered to pay a civil fine of $1,000 for each violation and no other fine or sanction shall be imposed. Five hundred dollars of the fine collected shall be remitted to the Union City Police Department.
(2) Exception. The village, upon application in writing on forms provided by the village and payment of a fee set by Council, if any, may grant a permit for the ignition, discharge, or use of consumer fireworks within the village, on days other than the days listed in division (A). After a permit has been granted, use of consumer fireworks, for the purposes described in the permit only, may be made in conformance with this section. A permit granted under this section is not transferable and shall not be issued to a minor.
(a) Before a permit for consumer fireworks ignition is issued, the person, firm, or corporation applying for the permit shall furnish proof of insurance in an amount, character, and form deemed necessary by the village to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person, firm, or corporation or an agent or employee of the person, firm, or corporation, to protect the public health, safety and welfare.
(b) The village shall rule on the competency and qualifications of the applicant as required under NFPA 1123, and on the time, place, and safety aspects of the ignition, discharge or use of consumer fireworks, before granting a permit.
(Ord. 130.29, passed 7-8-2019)