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§ 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)
§ 93.010 DISPOSAL OF UNFIRED FIREWORKS.
   Any fireworks that remain unfired after the display is concluded shall be immediately disposed in a way safe for the particular type of fireworks remaining.
(Prior Code, § 11-61) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.011 MANUFACTURE PROHIBITED.
   The manufacture of fireworks is prohibited within the city.
(Prior Code, § 11-62) (Ord. 1366, passed 7-23-2012; Ord. 1475, passed 4-29-2019) Penalty, see § 93.999
§ 93.012 DANGEROUS CONDITIONS.
   (A)   Subject to division (D) below, if the state’s Fire Marshal or the commanding officer of the city’s Fire Department, or a firefighter in uniform acting under the orders and directions of the commanding officer determines a dangerous condition exists, the state’s Fire Marshal, the commanding officer of the city’s Fire Department, or the firefighter in uniform acting under the orders and direction of the commanding officer upon finding an emergency condition dangerous to persons or property, may take all necessary steps and prescribe all necessary restrictions and requirements to protect persons and property until the dangerous condition is abated.
   (B)   Subject to division (D) below, the state’s Fire Marshal, the commanding officer of the city’s Fire Department, or a firefighter in uniform acting under the orders and directions of the commanding officer, responding to a fire or emergency call, who, upon arriving at the scene of a fire or emergency, finds a condition dangerous to persons or property, may take all necessary steps and requirements to protect persons and property until the dangerous condition is abated.
   (C)   The state’s Fire Marshal or the commanding officer of the city’s Fire Department, or a firefighter in uniform acting under the orders and direction of the commanding officer, may investigate causes and effects related to dangerous conditions.
   (D)   If the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to extreme fire conditions or if the environmental concerns based on the Department of Natural Resources Fire Division criteria are elevated to very high for 72 consecutive hours, the commanding officer of the city’s Fire Department, in consultation with the Department of Natural Resources, has the authority to enforce a no burning restriction that includes a ban on the ignition, discharge and use of consumer fireworks within the city. If a no burning restriction is instituted under this division (D), the commanding officer of the city’s Fire Department enforcing the restriction shall ensure that adequate notice of the restriction is provided to the public.
   (E)   Not more than 24 hours after the fire condition is downgraded from extreme or very high fire condition, the commanding officer of the city’s Fire Department that enforced a no burning restriction that included a ban on the ignition, discharge and use of consumer fireworks shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public.   
(Prior Code, § 11-63) (Ord. 1475, passed 4-29-2019)
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