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§ 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
§ 93.006 OTHER ORDINANCES; CONFLICT.
   (A)   Any person who ignites, discharges or uses any fireworks, including consumer fireworks must do so in such a manner that it will not result in the violation of any other ordinance of the city.
   (B)   Nothing in this chapter shall preclude the enforcement of city ordinances or other laws of the state at any time or on any day regardless of whether the conduct or offense is incidental to the use, discharge or ignition of the fireworks.
(Prior Code, § 11-56) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.007 COST RECOVERY.
   (A)   Any costs the city incurs to respond and/or remediate any damage to public or private property or injury to another person shall be paid by any person responsible for the damage or injury.
   (B)   The city may pursue any legal remedies to collect such costs.
(Prior Code, § 11-57) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019)
§ 93.008 PROHIBITED USE.
   (A)   No person shall use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance or a combination of alcoholic liquor and a controlled substance.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC LIQUOR. The term as defined in § 1d of the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L.A. § 257.1d.
      CONTROLLED SUBSTANCE. The term as defined in § 8b of the Michigan Vehicle Code, Public Act 300 of 1949, being M.C.L.A. § 257.8b.
(Prior Code, § 11-58) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.009 PERMIT, BOND FOR FIREWORKS DISPLAY.
   (A)   (1)   The Chief of the Fire Department shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by organizations authorized by the City Council. Every such display shall be handled by a competent operator approved by the Chief of Police and the Chief of the Fire Department, and shall be of such a character, and so located, discharged or fired, as in the opinion of the Chief of the Fire Department or his or her authorized agent, after proper inspection so that it will not be hazardous to property or endanger any person.
      (2)   Applications for permits shall be made in writing at least 21 days in advance of that date of the display. After such privilege shall have been granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.
(Prior Code, § 11-59)
   (B)   The permittee shall furnish a bond or liability insurance which includes the city as an additional insured in an amount deemed adequate by the City Council for the payment of all damages which may be caused either to a person or to a property by reason of the permitted display, and arising from any acts of the permittee, his or her agents, employees or subcontractors.
(Prior Code, § 11-60)
(Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019)
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