§ 38-333. Fireworks.

(a)

Definitions. As used in this section, the following words and phrases have the meanings set forth herein:

Act means the Michigan Fireworks Safety Act, Public Act No. 256 of 2011, MCL 28.451 et seq., as amended.

Articles pyrotechnic means 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 CFR 172.101.

Consumer fireworks 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 under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

Display fireworks means 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 CFR 555.11, 49 CFR 172, and APA standard 87-1, 4.1.

Firework or fireworks 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.

Livestock means those species of animals used for human food and fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, aquaculture, and rabbits. Livestock does not include dogs and cats.

Low-impact fireworks means 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.

Novelties means that 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 .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 subparagraph (1) 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)

Flitter 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 the quantity contained in each box are printed on the box; and toy smoke devices.

(b)

General prohibition on ignition, discharge, and use of consumer fireworks; exception. No person shall ignite, discharge, or use fireworks within the City at any time, except that:

(1)

Fireworks may be discharged in strict compliance with any permit issued by the city in accordance with the Act.

(2)

Consumer fireworks may be discharged on the following dates and times:

a.

From 11:00 a.m. on December 31, until 1:00 a.m. on January 1;

b.

From 11:00 a.m. until 11:45 p.m. on the Saturday and Sunday immediately preceding Memorial Day;

c.

From 11:00 a.m. until 11:45 p.m. on June 29 to July 4;

d.

From 11:00 a.m. until 11:45 p.m. on July 5, only if that date is a Friday or Saturday;

e.

From 11:00 a.m. until 11:45 p.m. on the Saturday and Sunday immediately preceding Labor Day.

(3)

An individual in violation of this subsection (b) shall be responsible for a municipal civil infraction punishable by a civil fine of $1,000.00 for each violation, and all other available relief under section 1-7(c)(2) of this Code. Five hundred dollars of the foregoing civil fine will be remitted to the Sylvan Lake Police Department.

(4)

This subsection (b) shall not apply to low impact fireworks.

(c)

Additional prohibitions.

(1)

Consumer fireworks shall not be ignited, discharged, or used on public property, including streets and rights-of-way, or on school, church, or private property of another, without the express written permission from the person or entity legally in possession and control of that property to undertake such action.

(2)

Consumer fireworks shall not be ignited, discharged, or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both.

(3)

Low impact fireworks shall not be ignited, discharged, or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both.

(4)

A person shall not ignite, discharge, or use consumer fireworks or low-impact fireworks in a manner that is intended to harass, scare, or injure livestock.

(5)

A person shall not ignite, discharge, or use consumer fireworks or low-impact fireworks if a no burning restriction has been implemented by the fire chief.

(6)

An individual in violation of this subsection (c) shall be responsible for a municipal civil infraction punishable by a civil fine of not more than $1,000.00 for each violation, and all other available relief under section 1-7(c)(2) of this Code.

(d)

Novelties not regulated. This section does not apply to novelties.

(e)

Enforcement. This section may be enforced by the director of public safety and the fire chief, their designees, and any sworn law enforcement officers.

(f)

Determination of violation; seizure of fireworks. If an enforcing official determines that a violation of this section has occurred, the official may seize the fireworks as evidence of such violation, and payment of all costs incurred by the city or law enforcement personnel under the Act or this section in securing, seizing, storing, and disposing of fireworks that are in violation of the Act or this section shall be the responsibility of all persons found guilty, responsible, or liable for the violation. In recognition that the actual costs incurred by the city and/or law enforcement personnel will include having the personnel, equipment, and facilities necessary to store fireworks in compliance with the Act and other laws and regulations, costs to be paid shall be determined in accordance with rates and methods established by resolution of the city council.

(Ord. No. 313, § 1, 6-14-2012; Ord. No. 316 , § 1, 11-13-2013; Ord. No. 341 , § 1, 3-12-2019)

Cross reference

Fire prevention and protection, ch. 34.