[HISTORY: Adopted by the Village Council of the Village of
Spring Lake 8-19-2013 by Ord. No. 335; amended in its entirety 3-18-2019 by Ord. No. 354. Subsequent amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the meanings respectively ascribed to them:
That term as defined in Section 1d of the Michigan Vehicle
Code, being Public Act No. 300 of 1949 (MCLA § 257.1, et
seq.).
2001 APA Standard 87-1, standard for construction and approval
for transportation of fireworks, novelties, and theatrical pyrotechnics,
as published by the American Pyrotechnics Association of Bethesda,
Maryland.
Fireworks 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,
as amended, and that are listed in APA Standard 87-1: 3.1.2, 3.1.3,
or 3.5. Consumer fireworks do not include low-impact fireworks.
That term as defined in section 8b of the Michigan Vehicle
Code, being Public Act No. 300 of 1949 (MCL 257.1, et seq.).
Any composition or device, except a starting pistol, a flare
gun, or a flare, designed for the purpose of producing visible or
audible effect by combustion, deflagration, or detonation.
"Ground and handheld sparkling devices" as that phrase is
defined in APA standard 87-1: 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
An individual who is less than 18 years of age.
A.
A person shall not ignite, discharge, or use consumer fireworks except
on the following days after 11:00 a.m.:
(1)
December 31 until 11:00 a.m. on January 1.
(2)
The Saturday and Sunday immediately preceding Memorial Day until
11:45 p.m. on each of those days.
(3)
June 29 to July 4 until 11:45 p.m. on each of those days.
(4)
July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5)
The Saturday and Sunday immediately preceding Labor Day until 11:45
p.m. on each of those days.
B.
A person shall not ignite, discharge, or use consumer fireworks 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 and the commanding officer of the Fire Department, in consultation
with the department of natural resources, enforces a no burning restriction
that includes a ban on the ignition, discharge, and use of consumer
fireworks. If a no burning restriction is instituted under this section,
the commanding officer of the Fire Department enforcing the restriction
shall ensure that adequate notice of the restriction is provided to
the public.
A minor shall not possess, ignite, discharge, or use consumer
fireworks.
A.
A person shall not ignite, discharge, or use consumer fireworks on
public property, school property, church property, or the property
of any another person without that organization's or person's
express permission to use those consumer fireworks on those premises.
B.
A person shall not use consumer fireworks or low-impact fireworks
while under the influence of alcoholic liquor, a controlled substance,
or a combination thereof.
If a law enforcement officer determines that a violation of
this chapter has occurred, the officer may seize the consumer fireworks
as evidence of the violation.
Nothing contained within this chapter shall be construed to
relieve a person of any duties and obligations imposed under any local,
state, or federal laws, rules, regulations, licenses, or permit requirements.
Any person violating the provisions of this chapter shall be
responsible for a municipal civil infraction with a civil fine of
$1,000 for each violation of the article. $500 of the fine collected
under the chapter shall be remitted to the local law enforcement agency
responsible for enforcing the chapter.
