[Adopted 9-3-2013 by Ord.
No. 139]
This article shall be known as the "Chesterfield Township Fireworks
Ordinance."
The purpose of this article is to preserve and protect public
health, safety and welfare and to establish a safe environment for
the discharge, ignition and use of fireworks within the Township.
The article is also adopted in the interest of maintaining the comfort
and quiet repose of Chesterfield Township residents by regulating
the discharge, ignition and use of fireworks in Chesterfield Township,
and repealing all ordinances and resolutions in conflict therewith.
This article is adopted pursuant to, and in accordance with
Act 246, Public Acts of 1945,[1] as amended, and pursuant to Public Act 256 of 2011, the
Michigan Fireworks Safety Act (MCLA § 28.451 et seq.), as
amended, and Public Act 65 of 2013.
[1]
Editor's Note: See MCLA § 41.181 et seq.
The following words shall have the following meanings as used
in this article:
The Michigan Fireworks Safety Act, MCLA § 28.451
et seq., as amended.
Fireworks devices distributed to farmers, ranchers, and growers
through wildlife management program administered by the United States
Department of Interior or the Department of Natural Resources of Michigan.
That term as defined in Section 1d of the Michigan Vehicle
Code, 1949 PA 300, MCLA § 257.1d.
Pyrotechnic devices for professional uses 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.
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.
That term as defined in Section 8b of the Michigan Vehicle
Code, 1949 PA 300, MCLA § 257.8b.
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.
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, articles pyrotechnic, display fireworks,
and special effects.
Ground and handheld sparking 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.
The same 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:
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.
Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in Subsection (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.
Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
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.
A combination of chemical elements or chemical compounds
capable of burning independently of the oxygen of the atmosphere and
designed and intended to produce audible, visual, mechanical, or thermal
effects as an integral part of a motion picture, radio, television,
theatrical production or live entertainment.
(a)
It shall be unlawful for a person to ignite, discharge, and/or use
consumer fireworks, except on the following days:
[Amended 5-7-2019 by Ord. No. 174]
(b)
Consumer fireworks shall not be ignited, discharged or used prior
to 11:00 a.m. or after 11:45 p.m. on the above days, except that fireworks
may be utilized from 11:00 a.m. on December 31 until 1:00 a.m. on
January 1.
[Amended 5-7-2019 by Ord. No. 174]
(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
written permission to use those fireworks on those premises.
(d)
Consumer fireworks shall not be ignited, discharged or used by a
person under the influence of alcoholic liquor or controlled substances
or a combination of both.
(e)
Low-impact fireworks shall not be ignited, discharged or used by
a person under the influence of alcoholic liquor or controlled substances
or a combination of both.
(f)
This article shall not apply to low impact fireworks and novelties.
(g)
A minor shall not possess, ignite, discharge or use consumer fireworks.
(a)
Pursuant to MCLA § 28.451 et seq., the Township may grant
a permit, upon application in writing at least 30 days prior to event,
on forms provided by the Department of Licensing and Regulatory Affairs,
for the use of the following:
(b)
Such permit granted by the Township shall be subject to payment of
a fee to the Township, and shall be for either public or private displays
within the Township by the Township, other municipalities, or other
organization or individuals approved by the Township as long as the
applicable conditions and requirements of the Act are complied with.
(c)
Before a permit for display fireworks or articles pyrotechnic firework
ignition is granted, the person, firm or corporation applying for
the permit shall furnish proof of financial responsibility by a bond
or insurance in an amount of not less than $1,000,000, character and
form deemed necessary by the Township 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 the public.
(d)
The Township shall not approve or otherwise grant a permit for display
of fireworks or pyrotechnic fireworks ignition to a nonresident person,
firm or corporation until the person, firm or corporation has appointed
in writing a resident member of the Township to be the legal representative
upon whom all process in an action or proceeding against the person,
firm or corporation may be served.
(e)
Pursuant to the Act, the Township shall rule on the competency and
qualifications of articles of pyrotechnic and display fireworks operators
as required under NFPA 1123, as the operation has furnished in his
or her application form, and on the time, place and safety aspects
of the display of articles pyrotechnic or display fireworks before
granting permits.
(a)
The storage of consumer fireworks at a retail or other similar location
shall be regulated as follows:
(1)
A valid fireworks consumer certificate that is prominently displayed;
(2)
Retailer must display the appropriate NO SMOKING signs;
(3)
The retail location must meet association NFPA requirements
to include a fire suppression system in compliance with NFPA 1124;
and
(4)
Any other requirements or conditions as required by the state
or Township Fire Department, acting as the reviewing agency of the
state.
(b)
If the storage is for low-impact fireworks, the requirements of the
State Act shall be met.
(c)
The Township shall have the right to collect fees for the inspections
and review of site conducting storage of consumer fireworks or any
other type of fireworks in which the Act requires an inspection or
review.
[Amended 5-7-2019 by Ord. No. 174]
Any person who violates Section 46-271(a) or (b) of this article may be issued a civil infraction citation and shall, upon being found responsible therefor, be subject to a penalty not to exceed $1,000. If a fine of $1,000 is collected, $500 of that fine of $1, 000 collected shall be remitted to the local law enforcement agency responsible for enforcing the article. Any person who violates the remaining provisions of the article shall, upon conviction thereof, be guilty of a misdemeanor and subject to a penalty not to exceed $500 or imprisonment in the county jail for a period not to exceed 90 days, or both such fine and imprisonment.
