(a) Definitions. As used in this section:
(1) “Act" means the Michigan Fireworks Safety Act MCL 28.451 to 28.471, as amended.
(2) “Consumer Fireworks” as defined in the Act, 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 and that are in compliance with the construction, chemical composition, labeling, and other requirements in the Act.
(3) “Display Fireworks” as defined in the Act, means large fireworks or devices that are explosive materials intended for use in fireworks displays and are designed to produce visible and/or audible effects by combustion, deflagration or detonation.
(4) “Fireworks” as defined in the Act, means 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.
(5) “Low-Impact Fireworks” as defined in the Act, means ground and handheld sparkling devices.
(6) “Minor” means an individual who is less than eighteen years of age.
(7) “Novelties” as defined in the Act, means all of the following:
A. Toy plastic or paper caps for toy pistols in sheets, strips, rolls or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
B. Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subsection A. are used, that are constructed so that the hand cannot come in contact with the cap when in place for the explosion, and that are not designed to break apart or be separated so as to form a missile by the explosion.
C. Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter.
D. Toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box, and toy smoke devices.
(8) “Retailer” as defined in the act, means a seller of consumer fireworks or low-impact fireworks to an individual for ultimate use.
(9) “Wholesaler” as defined in the Act, means a seller of consumer fireworks or low-impact fireworks to a retailer or any other person for resale. Wholesaler does not include a seller of only display fireworks or special effects.
(b) Prohibition on use of fireworks.
(1) A person may ignite, discharge, or use consumer fireworks only on the following days during the following hours:
(a) Between 11:00 a.m. on December 31 and 1:00 a.m. on the immediately following January 1.
(b) Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Memorial Day.
(c) Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Memorial Day.
(d) Between 11:00 a.m. and 11:45 p.m. on June 29, June 30, July 1, July 2, July 3 and July 4.
(e) Between 11:00 a.m. and 11:45 p.m. on July 5, if that date is a Friday or a Saturday.
(f) Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Labor Day.
(g) Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Labor Day.
(2) A violation of this Sec. 692.09(b) is a civil infraction, punishable by a fine of one thousand dollars ($1,000). Of that fine, five hundred dollars ($500) must be remitted to the Wolverine Lake Police Department.
(c) Prohibited locations. No person shall ignite, discharge or use any consumer fireworks in public parks or on road endings, or property of another person without that organization's or person's express permission to use fireworks on those premises.
(d) Use while under the influence. No individual shall use, ignite or discharge consumer fireworks or low-impact fireworks while under the influence of alcohol, a controlled substance and/or synthetic marijuana or other illegal substance. Alcoholic liquor means that term as defined in Michigan Vehicle Code, MCL 257.1d, or any subsequent provisions amending or replacing that provision. Controlled substance means that term as defined in Michigan Vehicle Code, MCL 257.1d, or any subsequent provision amending or replacing that definition. Synthetic marijuana or other illegal substances are as determined under the Public Health Code, Public Act 368 of 1978, as amended.
(e) Reckless use of fireworks. No person shall ignite, discharge, or use any fireworks in reckless disregard for the safety of persons or property.
(f) Minors.
(1) A minor shall not possess any consumer fireworks at any time.
(2) A minor shall not use, discharge, or ignite any low-impact fireworks or novelty fireworks, unless under supervision of a parent or guardian, and the use, discharge and ignition is within permitted hours, and does not violate the provisions of this section and the Act.
(g) Novelties; inapplicability of section. Nothing in this section regulates the sale, storage, display for sale, transportation, use or distribution of novelties.
(h) Public display. The Village Council, upon application in writing in accordance with the provisions of the Act, may grant a permit for the use of fireworks otherwise prohibited, for public display by organizations or groups of individuals approved by the Village Council.
(i) Enforcement. Except as otherwise provided, a violation of this section is a municipal civil infraction subject to a fine of up to five hundred dollars ($500) for each violation. In addition to any other penalty, a person that is found guilty for a violation of this section shall be required to reimburse the village for the costs of storing, disposing of, or destroying any fireworks that were confiscated for a violation of this section.
(j) Compliance with applicable ordinances and codes.
(1) Nothing in this section or in the Act shall preclude the enforcement of ordinances or laws of general applicability at any time or on any day regardless of whether the conduct or offense is secondary or incidental to the use, discharge or ignition of fireworks, including public noise and nuisance regulations.
(2) Any person selling, distributing or transporting fireworks shall otherwise comply with the act, and is required to obtain the approvals which may be necessary under the applicable provisions of the zoning ordinances for the village. Failure to secure applicable zoning approvals is subject to penalty as provided in this section and/or the Code of Ordinances for the village.
(Ord. 85. Passed. 5-10-72; Ord. 85A-2 Passed 7-14-82; Ord. 85-A7. Passed 9-12-12; Ord. 85-A8. Passed 9-11-13; Ord. 85-A11. Passed 6-5-19.)