Noise – See Ch. 89.
Article I Fireworks
[Adopted 10-14-2014 by Ord. No. 2014-006]
All other terms used in this article shall have the same meanings as defined or used in the Act.
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.
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.
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:
Displays shall follow the NFPA (National Fire Protection Association) 1123 Code for Fireworks Display or Village policy, whichever is more restrictive.
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.
Unfired fireworks and trash remaining after the display is concluded shall be immediately disposed of by the permittee in an approved, safe manner.
The Village may require the permittee to use crowd control barriers or security personnel approved by the Village for safety reasons.
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.
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.
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.
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.
For purposes of this section, "national holiday" shall, in accordance with 5 U.S.C. § 6103, be deemed the following:
New Year's Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington's birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
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.
Possession by or sale to minor.
No person shall sell consumer fireworks to a person under the age of 18 years.
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.
No person under the age of 18 years shall buy, purchase, acquire or obtain any consumer fireworks within the Village.
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:
"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.
"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.
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.