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2nd reading of Ord. No. 2012-07 -- fireworks



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November 21, 2012 - NOTICE IS HEREBY GIVEN, that at its regular meeting on November 13, 2012, the Charter Township of Independence Board of Trustees approved a Second Reading and Adoption of an Ordinance to Amend Certain Provisions of the Charter Township Code, as follows:

ORDINANCE NO. 2012-07

CHARTER TOWNSHIP OF INDEPENDENCE

OAKLAND COUNTY, MICHIGAN

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE BY AMENDING CHAPTER 30, "OFFENSES," ARTICLE VI, "OFFENSES AGAINST PUBLIC SAFETY," TO ADD A NEW SECTION 30-159, "FIREWORKS," IN ORDER TO INCORPORATE CHANGES TO STATE LAW REGARDING FIREWORKS AND TO ESTABLISH THAT IGNITION AND DISCHARGE OF CONSUMER FIREWORKS IS NOT PERMITTED IN THE TOWNSHIP EXCEPT ON CERTAIN DAYS.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:

Section 1 of Ordinance. Ordinance Amendment.

Chapter 30, "Offenses," Article VI, "Offenses Against Public Safety," of the Independence Charter Township Code is hereby amended by adding a new section, to be numbered 30-159, which said section reads as follows:

Sec. 30-159. Fireworks.

(a) Definitions.

As used in this Section, the following words and phrases have the meanings set forth herein:

Act means the Michigan Fireworks Safety Act, Public Act No. 256 of 2011, MCL 28.451 et seq., as amended.

APA standard 87-1 means 2001 APA standard 87-1, standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American pyrotechnics association of Bethesda, Maryland.

Articles pyrotechnic means pyrotechnic devices for professional use 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.

Consumer fireworks means 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.

Display fireworks means 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.

Firework or fireworks means 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 low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.

Low-impact fireworks means ground and handheld sparkling 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.

National holiday means New Year's Day (January 1); Birthday of Martin Luther King, Jr (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day (fourth Thursday in November); and Christmas Day (December 25).

Novelties means that term 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:

(i) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.

(ii) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (i) 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.

(iii) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.

(iv) 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.

Special Effects means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment.

(b) General prohibitions; exception.

No person shall ignite, discharge, or use fireworks within the Township at any time, except that:

(1) Fireworks may be discharged in strict compliance with any permit issued by the Township in accordance with the Act;

(2) Consumer fireworks may be discharged only on the day before, the day of, and the day after, a National holiday; and

(3) This subsection (b) shall not apply to low impact fireworks.

(c) Additional prohibitions.

(1) Consumer fireworks shall not be ignited, discharged, or used on public property (including without limitation public parks, streets, and rights-of-way), school property, church property, or the private property of another, without the express written permission from the person or entity legally in possession and control of that property to undertake such action.

(2) Consumer fireworks shall not be ignited, discharged, or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both.

(3) Low impact fireworks shall not be ignited, discharged, or used by a person under the influence of alcoholic liquor or a controlled substance or a combination of both

(d) Novelties not regulated.

This Section does not apply to novelties.

(e) Civil infraction; penalties; seizure of fireworks and payment of costs.

A violation of this article shall constitute a municipal civil infraction, subject to the relief provided under Section 1-9, and in addition to the fines set forth under said Section 1-9, if an enforcing official determines that a violation of this Section has occurred, the official may seize the fireworks as evidence of such violation and payment of all costs incurred by the Township or law enforcement personnel under the Act or this Section in securing, seizing, storing, and disposing of fireworks that are in violation of the Act or this Section shall be the responsibility of all persons found guilty, responsible, or liable for the violation. In recognition that the actual costs incurred by the Township and/or law enforcement personnel will include having the personnel, equipment, and facilities necessary to store fireworks in compliance with the Act and other laws and regulations, costs to be paid shall be determined in accordance with rates and methods established by resolution of the Township Board of Trustees.

Section 2 of Ordinance. Repealer.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 3 of Ordinance. Severability.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 4 of Ordinance. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 5 of Ordinance. Effective Date.

This ordinance shall be effective upon publication in the manner prescribed by law.

Section 6 of Ordinance. Enactment.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the 2nd day of October, 2012 and ordered to be given publication in the manner prescribed by law.

CERTIFICATION

It is certified that the ordinance set forth above was duly adopted by the Township Board of the Charter Township of Independence at a meeting duly called and held on the 13th day of November, 2012.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, CMC, Township Clerk

Introduced: 10/2/2012

First Read Published: 10/17/2012

Second Read Published: 11/21/2012

Adoption: 11/13/2012

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