§ 91.03. FIREWORKS.

(A) Preamble. The Michigan Fireworks Safety Act, Act No. 256 of the Public Acts of Michigan of 2011, effective January 1, 2012, legalized the sale of consumer fireworks in Michigan, and delegated to local communities limited control over the use and discharge of the fireworks. The village recognizes that fireworks endanger property, can cause physical injury, and disrupt the peace and quality of neighborhoods and commercial districts. The village endeavors to reconcile the rights that this Act confers upon sellers and consumers, with the rights of the citizens, and families to reside in a safe, harmonious community. The following divisions are adopted to repeal existing fireworks ordinances that conflicted with the Act, and to impose conditions on the time, place and manner of use, discharge and ignition of fireworks deemed to be within the purview of local regulation, and within the interest of the public, health, safety and welfare.

(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSUMER FIREWORKS. That term as defined in Michigan Fireworks Safety Act.

DISPLAY FIREWORKS. That term as defined in Michigan Fireworks Safety Act.

FIREWORK or FIREWORKS. That term as defined in Michigan Fireworks Safety Act.

LOW IMPACT FIREWORKS. That term as defined in Michigan Fireworks Safety Act.

MICHIGAN FIREWORKS SAFETY ACT or the ACT. Public Act 256 of 2012, being M.C.L.A. §§ 28.451 et seq., as it may be amended from time to time.

RETAILER. That term as defined in Michigan Fireworks Safety Act.

WHOLESALER. That term as defined in Michigan Fireworks Safety Act.

(C) Use of consumer fireworks; prohibition; holidays.

(1) No person shall ignite, discharge or use consumer fireworks in the village; except this prohibition shall not preclude any person from igniting, discharging or using consumer fireworks within the village on the day proceeding, the day of, or the day after a national holiday, consistent with the Michigan Fireworks Safety Act.

(2) Use of consumer fireworks, as defined in the Michigan Fireworks Safety Act, in the village is limited to the day before, the day of, and the day after a holiday, as defined in 5 U.S.C. § 6103, and is expressly contingent on the following:

(a) No person under the age of 18 years shall use, possess, explode or cause to explode any fireworks, as defined herein, within the village.

(b) No individual shall use, ignite, or discharge consumer fireworks or low-impact fireworks while under the influence of alcohol, a controlled substance and/or a synthetic marijuana or other illegal substance. ALCOHOLIC LIQUOR means that term as defined in Section 1d of the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949, M.C.L.A. § 257.1d, or any subsequent provision amending or replacing that provision. CONTROLLED SUBSTANCE means that term as defined in Section 8b of the Michigan Vehicle Code, Act No. 300 of the Public Acts of Michigan of 1949, M.C.L.A. § 257.1d, or any subsequent provision amending or replacing that definition. SYNTHETIC MARIJUANA OR OTHER ILLEGAL SUBSTANCES are as determined under the Public Act 180-183 of 2012, and the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978, M.C.L.A. § 333.2451. A violation of this provision shall be a misdemeanor and shall result in the seizure, removal and storage of the fireworks, at the expense of the responsible person.

(c) A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission.

(d) A person shall not ignite, discharge, or use consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m.

(e) Fireworks, including consumer fireworks, shall not be ignited within 20 feet of an open flame, a burner, gasoline, ignited gas or electric grill, or any combustible or flammable item or compound, or in any enclosed structure, garage, tent, or shed, or under any canopy or overhanging cover of any nature.

(f) Any use of fireworks that disrupts the peace of the public, which may include deposits of litter or debris caused by fireworks is prohibited, notwithstanding anything to the contrary in the Michigan Fireworks Safety Act.

(g) No person shall, either individually or in concert with another person, cause damage to any private or public property by the use, discharge or ignition of any fireworks. Any violation of this provision is subject to any penalty imposed under the Michigan Fireworks Safety Act, except that damage to public property under control of the village or damage to any private property not protected in the Michigan Fireworks Safety Act is a misdemeanor, if a higher offense is not available under state law.

(h) No consumer fireworks may be ignited, launched, or discharged within 30 feet of any house, structure, building, vehicle, or landscaping. Landscaping may include, without limitation, any tree, bush, flowers, vegetable garden, or gazebo.

(i) No person shall at any time discharge or ignite any low impact fireworks within 15 feet of another person’s property, without the owner’s permission. Any violation is a municipal civil infraction.

(D) Compliance with applicable ordinances and codes. Unless otherwise expressly provided in this chapter, a retailer or wholesaler of fireworks located within the village must comply with the requirements of the village’s zoning ordinance, as well as all building codes and regulations, in addition to the requirements of the Michigan Fireworks Safety Act, and any applicable federal laws and regulations.

(E) Display fireworks permits. Upon application in writing to the village by any individual, association or group of individuals for the public display of fireworks, the Village Council may grant permission for such display, subject to such conditions as the Police Chief and the Fire Chief may impose to properly safeguard the public, both as to persons and property; and subject to the provisions of the Michigan Fireworks Safety Act. Applicants shall furnish proof of financial responsibility by a bond or insurance in an amount, character, and form deemed necessary by the village to satisfy claims for damages to property or personal injuries arising out of an act or omission on the part of the person, firm, or corporation or an agent or employee of the person, firm, or corporation, and to protect the public. The application form for permits under this section shall be provided the State of Michigan, and applicants shall pay the application fee to the village in an amount determined by Council resolution.

(F) Seizure and removal of fireworks. Any fireworks that are possessed, sold, distributed or displayed in violation of the Michigan Fireworks Safety Act or the code of zoning ordinances of the village are subject to seizure and removal by the police department or fire department, at the expense of the responsible person, in addition to other penalties as provided in this section or by other ordinance.

(G) Imminent danger or threat. Notwithstanding the Act, any use, discharge or ignition of fireworks that is presenting an imminent danger or threat to the public health, safety or welfare, as deemed by a police officer or the fire marshal, or his or her designee, shall be prohibited, and the fireworks may be immediately seized.

(H) Seizure and cost recovery.

(1) All fireworks used, discharged and ignited and possessed in violation of the Act and this section are subject to seizure. Any costs incurred by the village to seize and store the fireworks shall be paid by the responsible person.

(2) Any costs the village incurs to respond and remediate any damage to private or public property or injury to another person shall be paid by any person responsible for the damage or injury. The village may pursue any legal remedies to collect such costs.

(I) Violations, fines, and penalties.

(1) Civil infraction. Persons who violate a provision of this code section or fail to comply with any of the requirements thereof, shall be guilty of a municipal civil infraction and subject to the civil fines set forth in the schedule of civil fines in § 10.99(C), and shall be subject to any other relief that may be imposed by a court for such conduct, which shall also be considered a nuisance per se. Each act of violation and each day upon which such violation occurs shall constitute a separate violation.

(2) Determination of violation; seizure. If a police safety officer determines that a violation of this code section has occurred, the officer may seize the fireworks as evidence of the violation.

(3) Disposal. Following final disposition of a finding of responsibility for violating this code section, the village may dispose of or destroy any fireworks retained as evidence in that prosecution.

(4) Costs. In addition to any other penalty, a person that is found responsible for a violation of this code section shall be required to reimburse the village for the costs of storing, disposing of, or destroying fireworks that were confiscated for a violation of this code section.

(Ord. 112, passed 7-23-2012; Ord. 119, passed 6-24-2013; Ord. 126, passed 9-14-2015)