General References
Noise – See Ch. 89.
[Adopted 10-14-2014 by Ord. No. 2014-006]
A person shall not possess, sell, ignite, use, or discharge
any fireworks within the Village except as permitted by the Act and
this article.
A permit from the Village Council shall be required for the
possession, use, or discharge of display fireworks, articles pyrotechnic
or special effects (collectively for purposes of this article hereinafter
"display fireworks") for public or private display within the Village
on terms and in a manner consistent with the Act. The storage of fireworks
shall be prohibited in the Village except in compliance with the Act.
All permits shall be subject to compliance with this article and the
Act. In the event of any conflict between this article and the Act,
the more stringent provision shall control.
A.
Application for permits shall be made in writing, on forms provided
by the Village of Bellevue, the Village Council at least 60 days in
advance of the date of the display of fireworks (except that applications
for indoor fireworks displays shall be made at least 30 days in advance
of the display date). If an application for a permit is not timely
filed as provided herein, the Village Council may consider the application
only if the applicant shows good cause for submitting a late application.
The Village Council may, by resolution, establish a nonrefundable
fee schedule for the Village's cost of reviewing and acting on
the application. If such schedule is established by the Village Council,
the applicant shall submit the nonrefundable fee with the permit application.
The Village Council may grant, grant with conditions, or deny the
permit in accordance with the Act and this article. Notwithstanding
any provision of this article, no applicant has a right to issuance
of a permit. Nothing in this article shall be construed to limit or
impair the discretion of the Village Council to deny a permit pursuant
to the Act or this article. If a permit is granted, the sale, possession,
use, or discharge of fireworks for such display shall comply with
all terms and conditions of the permit. A permit granted hereunder
shall not be transferable, nor shall any such permit be extended beyond
the dates set out therein. A permit for a particular display granted
by the Village under the Act's predecessor shall remain valid
subject to its original terms.
B.
A site plan of the area where the fireworks display is to be conducted
shall be submitted with the application. The site plan shall set forth
all structures in the area and the discharge site fallout area. The
site plan shall furthermore set forth the distance separating the
mortars used to launch the fireworks and the structures and also set
forth the distance separating the mortars and the spectators viewing
the display.
Before a permit for display fireworks is granted by the Village
Council, the applicant shall furnish to the Village a liability insurance
policy, in a form satisfactory to the Village, in the amount of not
less than $5,000,000 to satisfy claims for damages to property or
personal injuries arising out of an act or omission on the part of
the applicant, or an agent or employee thereof. The Village shall
be named as an additional insured on the insurance policy. Before
a display fireworks permit is issued, the applicant shall furnish
a certificate of insurance for the policy which shall provide for
30 days' prior written notice to the Village of cancellation
or revocation of the policy.
The display of fireworks shall at a minimum comply with the
following:
A.
Displays shall follow the NFPA (National Fire Protection Association)
1123 Code for Fireworks Display or Village policy, whichever is more
restrictive.
B.
(Reserved)
C.
Displays shall be handled by an approved competent operator, and
the fireworks shall be arranged, located, and discharged and fired
in a manner that will not be a hazard to property or endanger any
person.
D.
Unfired fireworks and trash remaining after the display is concluded
shall be immediately disposed of by the permittee in an approved,
safe manner.
E.
The Village may require the permittee to use crowd control barriers
or security personnel approved by the Village for safety reasons.
F.
The Village may determine that it is appropriate to assign fire apparatus
and personnel to be present during the display; in such event, the
Village Council may require the permittee to pay the costs thereof
in advance, as determined by the Village, as a condition of obtaining
the permit.
G.
The Village Council may, in their sole discretion, impose additional
or more stringent requirements (including, without limitations, greater
distance requirements than those identified in this section) to protect
the safety of persons and property.
A.
Compliance with applicable ordinances and codes. Unless otherwise
provided herein, and without limitation, a retailer or wholesaler
of fireworks located within the Village must comply with the requirements
of all other applicable Village ordinances and codes.
B.
Consumer fireworks.
(1)
No person shall ignite, discharge or use consumer fireworks in the Village; except this prohibition shall not preclude a person from igniting, discharging or using consumer fireworks within the Village on the day preceding, the day of, or the day after a national holiday, consistent with the Act. Nothing herein shall be construed or interpreted to limit the authority of the Village to enforce those of its ordinances violated as a result of the discharge of consumer fireworks at any time, including, without limitation, the provisions of Chapter 89, Noise of the Village Code of Ordinances.
(2)
For purposes of this section, "national holiday" shall, in accordance
with 5 U.S.C. § 6103, be deemed the following:
(a)
New Year's Day, January 1.
(b)
Birthday of Martin Luther King, Jr., the third Monday in January.
(c)
Washington's birthday, the third Monday in February.
(d)
Memorial Day, the last Monday in May.
(e)
Independence Day, July 4.
(f)
Labor Day, the first Monday in September.
(g)
Columbus Day, the second Monday in October.
(h)
Veterans Day, November 11.
(i)
Thanksgiving Day, the fourth Thursday in November.
(j)
Christmas Day, December 25.
C.
Firework safety. No person shall recklessly endanger the life, health,
safety, or well-being of any person or property by the ignition, discharge,
or use of consumer fireworks.
D.
Possession by or sale to minor.
(1)
No person shall sell consumer fireworks to a person under the age
of 18 years.
(2)
No person under the age of 18 years shall use, possess, explode or
cause to explode any consumer fireworks within the Village except
while in the presence and under the control of a parent, guardian
or other responsible adult.
(3)
No person under the age of 18 years shall buy, purchase, acquire
or obtain any consumer fireworks within the Village.
E.
Use of fireworks. 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.
As used in this subsection:
(1)
"Alcoholic liquor" means that term as defined in section 1d of the
Michigan Vehicle Code, Act 300 of the Public Acts of Michigan of 1949,
as amended from time to time.
(2)
"Controlled substance" means that term as defined in section 8b of
the Michigan Vehicle Code, Act 300 of the Public Acts of Michigan
of 1949, as amended from time to time.
F.
Modified fireworks. Regardless of the calendar date, no person shall
use, ignite or discharge modified, enhanced or altered consumer fireworks
not otherwise authorized by the Act.
A violation of this article is a municipal civil infraction.
The penalty for a violation that is a municipal civil infraction shall
be a civil fine in an amount set by resolution of the Village Council
from time to time.
