June 11, 2014 - TOWNSHIP OF ATLAS
GENESEE COUNTY, MICHIGAN
AN ORDINANCE FOR THE REGULATION OF THE IGNITION, DISCHARGE, AND USE OF CONSUMER FIREWORKS, AS ALLOWED UNDER THE MICHIGAN FIREWORKS SAFETY ACT MCL 28.451 ET SEQ., AS AMENDED.
THE TOWNSHIP OF ATLAS ORDAINS:
Short Title. This Ordinance shall be known and may be cited as the "Fireworks Ordinance."
Statement of Purpose. This is an Ordinance to provide for the regulation of the ignition, discharge, and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, MCL 28.451 et seq., as amended.
Definitions. As used in this Ordinance, the following terms shall be defined as follows:
(A) "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.
(B) "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.
(C) "Fireworks" means any composition or device, except for a starting pistol, a flare gun, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation.
(D) "Low-impact Fireworks" means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 18.104.22.168 to 22.214.171.124, and 3.5.
(E) "Minor" means an individual who is less than 18 years of age.
(F) "National Holiday" means the following legal public holidays:
1. New Years' Day – January 1.
2. Birthday of Martin Luther King, Jr. – the third Monday in January.
3. Washington's Birthday – the third Monday in February.
4. Memorial Day – the last Monday in May.
5. Independence Day – July 4*.
6. Labor Day – the first Monday in September
7. Columbus Day – the second Monday in October
8. Veteran's Day – November 11.
9. Thanksgiving Day – the fourth Thursday in November.
10. Christmas Day – December 25.
Ignition, Discharge and Use of Consumer Fireworks. A person shall not ignite, discharge, or use consumer fireworks, except on the day preceding, the day of, or the day after a national holiday. * However, when July 4th falls on a week day, consumer fireworks may be discharged on the weekend preceding the 4th.
Possession of Consumer Fireworks by a Minor. A minor shall not possess consumer fireworks.
Prohibited Locations. A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or property of another person, without written permission from an authorized individual.
Prohibited Hours of Use. All fireworks are prohibited between the hours of 1:00 a.m. – 8:00 a.m.
Use While Under Influence Prohibited. An individual shall not use consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination thereof.
Reckless Use of Fireworks. An individual shall not use consumer fireworks to damage or destroy property of others or use the same in a reckless disregard for the safety of persons or property.
(A) A violation of this Ordinance is a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, plus the costs of prosecution, and/or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment.
(B) If the police officer determined that a violation of the Ordinance occurred, the officer may seize the consumer fireworks as evidence of the violation. Following a final disposition, with a finding of responsibility for violating this Ordinance, the Township may dispose or destroy any consumer fireworks retained as evidence in that prosecution.
Effective Date. This Ordinance shall become effective upon publication.
Tere Onica, CMC
Atlas Township Clerk
Publish in The Citizen 6-07-14