CHAPTER 93: FIREWORKS
Section
   93.001   Definitions
   93.002   Prohibited fireworks and devices
   93.003   Minors
   93.004   Public property
   93.005   Private property
   93.006   Other ordinances; conflict
   93.007   Cost recovery
   93.008   Prohibited use
   93.009   Permit, bond for fireworks display
   93.010   Disposal of unfired fireworks
   93.011   Manufacture prohibited
   93.012   Dangerous conditions
 
   93.999   Penalty
Charter reference:
   Power of city to regulate fireworks, see § 4
Statutory reference:
   Fireworks, see M.C.L.A. §§ 28.451 et seq.
§ 93.001 DEFINITIONS.
   Except as otherwise provided, other terms used in this chapter shall have the meaning ascribed to them in the Act, or, if not defined in the Act, under the APA standards. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACT. The state’s Fireworks Safety Act, Public Act 256 of 2011, being M.C.L.A. §§ 28.451 et seq. and any amendments to the Act which may be from time to time adopted.
   APA STANDARD 87-1. 2001 APA Standard 87-1, Standard for Construction and Approval for Transportation of Fireworks, Novelties and Theatrical Pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
   ARTICLES PYROTECHNIC. The 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 UN0431 or UN0432 under 49 C.F.R. § 172.101.
   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 regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. parts 1500 and 1507, and that are listed in the APA Standard 87-1, 3.1.2, 3.1.3 or 3.5. CONSUMER FIREWORKS does 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 detonation as provided in 27 C.F.R. § 555.11, 49 C.F.R. part 172 and APA Standard 87-1, 4.1.
   FIREWORK or FIREWORKS. Any composition or device, except for a starting pistol, a flare gun or a flare, of non-toxic or non-explosive emissions, designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. FIREWORKS, as used in this chapter, shall include consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks and special effects.
   LOW-IMPACT FIREWORKS. 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.
   MINOR. An individual who is less than 18 years of age.
   NOVELTIES. The term as defined under APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4 and 3.2.5 and all of the following:
      (1)   Toy plastic or paper caps for toy pistols in sheets, strips, rolls or individual caps containing not more than 0.25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap;
      (2)   Toy pistols, toy cannons, toy canes, toy trick noisemakers and toy guns in which toy caps as described in division (1) above 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;
      (3)   Filter sparklers in paper tubes not exceeding one-eighth inch in diameter;
      (4)   Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer’s name and quantity contained in each box are printed on the box; and
      (5)   Toy smoke devices.
   PERSON. Any individual, agent, legal representative, association, charitable organization, church, non-profit organization, unincorporated organization, labor organization, partnership, limited liability company, corporation or any legal entity or commercial organization. An individual shall include a minor, as defined in this chapter.
   SKY LANTERN. Any device such as the placement of a candle in the bottom of a small bag which then causes the device to go into the air (similar to a hot air balloon) or any other similar type of device.
(Prior Code, § 11-51) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019)
§ 93.002 PROHIBITED FIREWORKS AND DEVICES.
   (A)   Consumer fireworks. 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.; and
      (5)   The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
   (B)   Low-impact fireworks. Low-impact fireworks may not be used, ignited or discharged during the hours of 11:00 p.m. and 9:00 a.m., and may not otherwise be discharged in violation of the Act, this section or in such a manner that it violates any other ordinance of the city.
   (C)   Illegal fireworks. Any use, possession or discharge of any fireworks that is prohibited and/or not approved by the state or the state’s Fire Marshal, or that which contains a prohibited chemical, component, compound or composition under the APA 87-1 Standard, or any federal or state law or regulation, is prohibited at all times and places, regardless of how it is labeled.
   (D)   Sky lanterns. A sky lantern may not be used or released within the city and sky lanterns are prohibited by federal regulations within 30 miles of any international airport.
(Prior Code, § 11-52) (Ord. 1366, passed 7-23-2012; Ord. 1384, passed 6-24-2013; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.003 MINORS.
   (A)   A minor shall not use, discharge or ignite any consumer fireworks, at any time, nor on any day, including national holidays, the day before and the day after a national holiday.
   (B)   A minor shall not use, discharge or ignite any low-impact fireworks unless under the supervision of a parent or legal guardian, and the use, discharge and ignition is within permitted hours, and does not violate the provisions of the Act, this chapter or in such a manner that it violates any other ordinance of the city.
(Prior Code, § 11-53) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.004 PUBLIC PROPERTY.
   (A)   No person shall at any time or on any day, use, discharge or ignite any fireworks, including consumer fireworks, and low-impact fireworks in public parks.
   (B)   No fireworks, including consumer fireworks, and low-impact fireworks shall be discharged, used, or ignited on any public property, including public streets, schools, sidewalks, easements and rights-of-way.
(Prior Code, § 11-54) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.005 PRIVATE PROPERTY.
   (A)   A person shall not ignite, discharge or use any fireworks, including consumer fireworks on church property or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises.
   (B)   The person using the fireworks bears the burden of proof of showing he or she received express permission to use the fireworks at that location and must be able to present such proof to any peace officer upon request.
(Prior Code, § 11-55) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
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