CITY OF WOODHAVEN
WAYNE COUNTY, MICHIGAN
9-021 Moved by Mayor Patricia Odette, seconded by Sikes, to approve an amendment to the Woodhaven Code of Ordinances, Sections 66-507 of Chapter 66 and titling it Lawful Discharge of Consumer Fireworks to the extent permitted by the Michigan Fireworks Safety Act, MCL 28.451 ET SEQ., as amended by Public Acts 634, 635 and 636 of 2018.
RESOLVED, that "AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF WOODHAVEN BY AMEDNING SECTIONS 66-507 OF CHAPTER 66 AND TITLING IT LAWFUL DISCHARGE OF CONSUMER FIREWORKS TO THE EXTENT PERMITTED BY THE MICHIGAN FIREWORKS SAFETY ACT, MCL 28.451 ET SEQ., AS AMENDED BY PUBLIC ACTS 634, 635 AND 636 OF 2018
THE CITY OF WOODHAVEN ORDAINS:
Section 1. Short Title. This ordinance shall be known as the regulation of discharge of consumer fireworks.
Section 2. Statement of Purpose. This is an ordinance to amend Chapter 66 of the City Code, “Fireworks”, to the extent permitted by the Michigan Fireworks Safety Act, MCL 28.451 et seq., as has been amended by Public Acts 634, 635 and 636 of 2018.
Section 3. Except as provided in this Section, a person shall not ignite, discharge, or use consumer fireworks at any time.
A. A person may ignite, discharge, or use consumer fireworks on the following days during the following hours:
1. Between 11:00 a.m. on December 31 and 1:00 a.m. on the immediately following January 1.
2. Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Memorial Day.
3. Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Memorial Day.
4. Between 11:00 a.m. and 11:45 p.m. on June 29, June 30, July 1, July 2, July 3 and July 4.
5. Between 11:00 a.m. and 11:45 p.m. on July 5, if that date is a Friday or a Saturday.
6. Between 11:00 a.m. and 11:45 p.m. on the Saturday immediately preceding Labor Day.
7. Between 11:00 a.m. and 11:45 p.m. on the Sunday immediately preceding Labor Day.
B. A violation of this Section is a civil infraction, punishable by a fine of $1,000. Of that fine, $500 must be remitted to the City of Woodhaven Police Department.”
C. A person shall not ignite, discharge or use consumer fireworks on public property, school property, church property, or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises. A violation of this Section is a civil infraction, punishable by a fine of not more than $50.”
D. A person shall not ignite, discharge, or 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.
B. As used in this Section, “alcoholic liquor” means that term as defined in Section 1d of the Michigan Vehicle Code, MCL 257.1d, as may be amended, and “controlled substance” means that term as defined in Section 8b of the Michigan Vehicle Code, MCL 257.8b, as may be amended.
C. A violation of this Section is a civil infraction, punishable by a fine of not more than $1,000.”
Section 8. Severability. If any Section, subsection, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance, and such holding shall not affect the validity of the remaining portions of this ordinance.
Section 9. 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 are commenced.
Section 10. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this ordinance full force and effect.
Section 11. Effective Date. This ordinance shall take effect ten (10) days after the final passage thereof.
This ordinance shall become effective ten days after enactment.
AYES: Mayor Patricia Odette, Mayor Pro-tem Randy Odette, Sikes, Bono-Beaton, Penix, Belcher, Papineau
EFFECTIVE DATE: This Ordinance amendment was introduced on March 5, 2019 and adopted on March 19, 2019. The effective date of this ordinance shall be March 29, 2019.
AN ORDINANCE TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE CITY OF WOODHAVEN THROUGH THE REGULATION OF FIREWORKS.
THE CITY OF WOODHAVEN ORDAINS:
WHEREAS, The Michigan Fireworks Safety Act, Act 256 of 2011, effective January 1, 2012, legalized the sale of consumer fireworks in Michigan and delegated to communities limited control over the use and discharge of the fireworks. In the interest of maintaining public health, safety and general welfare, the City of Woodhaven hereby provides for the regulation and use of fireworks within the City of Woodhaven as provided in PA 256 of 2011 as may be amended (MCL 28.451 et seq) and repeals all existing Fireworks ordinances that conflict with the Act.
First, Woodhaven Code of Ordinances, Chapter 66, Article IV, Division 4 entitled Fireworks, being Sections 55-501 through 66-520, is hereby repealed in its entirety.
Second, Woodhaven Code of Ordinances, Chapter 66, Article IV, Division 4, entitled Fireworks, shall be as follows:
Section 66-501 - Definitions
For purposes of this Article, the following definitions shall apply:
(a). Act means the Michigan Fireworks Safety Act, Act 256 of 2011, and any amendments to the Act which may be from time to time adopted.
(b). APA Standard 87-1 means standard for construction and approval for transportation of fireworks, novelties, and theatrical pyrotechnics, published by the American Pyrotechnics Association of Bethesda, Maryland.
(c).Articles Pyrotechnic means pyrotechnic devices for professional use that are similar to consumer fireworks in the 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.
(d).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
(e).Department means Department of Licensing and Regulatory Affairs (LARA), State of Michigan.
(f). Display Fireworks means large fireworks devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effect by combustion, deflagration, or detonation as provided in 27 CFR 555.11, 49 CFR 162 and APA standard 87-1, 4.1..
(g). 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.
(h). Low Impact Firework means ground and handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 220.127.116.11 to 18.104.22.168 and 3.5p.
(i). Minor means individual who is less than 18 years old.
(j) National Holiday as used in this article means
New Year's Day (January 1);
Martin Luther King Jr. Day (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);
Christmas Day (December 25)
And any holidays as may be from time to time added, removed or changes pursuant to 5 USC Section 6103, or any replacement or amended legislation.
(k). NFPA means the National Fire Protection Association.
(l). Novelties means the term 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:
(1) 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 cup.
(2) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in the above paragraph, 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.
(3) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(4) 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.
(m). Person means any individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. An individual shall include a Minor as defined in this article.
(n). Except as otherwise provided, other terms used in this Article shall have the meaning ascribed to them in the Act, or, if not defined in the Act, under the APA standards.
Section 66-502 - Prohibited Fireworks
(a). Consumer Fireworks.
A Person shall not ignite, discharge or use Consumer fireworks within the geographical boundaries of the City, except on the day of, the day preceding or the day after a National Holiday. On the day of, the day preceding or the day after a National Holiday a person shall not ignite, discharge or use Consumer fireworks within the geographical boundaries of the City between the hours of 12 midnight and 8 a.m or between the hours of 1 a.m. and 8 a.m. on New Year's day. When using any fireworks within the City, a Person shall not use them in a manner inconsistent with or contrary to the manufacturer's direction for use, or in a manner which would reasonably be foreseen to cause, or which actually causes, harm to another or to property, or which causes, creates, or perpetuates a violation of any provision of the City's Code of Ordinances, including but not limited to:
(1). Disturbing the public peace;
(2). Violating the City's nuisance ordinance; or
(3). Creating or depositing litter in violation of the City's litter ordinance.
(b). Low Impact Fireworks.
Low impact fireworks may not be discharged during the hours of 10:30 pm and 9:00 am, and may not otherwise be discharged in violation of this article or the Act, or any other ordinance.
(c). Illegal Fireworks.
Any use, possession or discharge of any Fireworks that is prohibited and/or not approved by the State of Michigan or the State Fire Marshall, or that which contains a prohibited chemical component, compound or composition under APA 87-1 standard, or any federal or state law or regulation, is prohibited at all times and places, regardless of how it is labeled.
Section 66-503 - Novelties
Unless otherwise specified herein, novelties are not subject to any of the regulations in this Article, except that they may not be utilized in such a manner as to cause, create, or perpetuate a violation of any other section of the City Code of Ordinances.
Section 66-504 Minors
(a). A minor shall not ignite, discharge or use any Consumer Fireworks, at any time, nor on any day, including National Holidays, and the day before and after a National Holiday.
(b). A minor shall not ignite, discharge or use any Low Impact Fireworks or Novelty Fireworks, unless under the supervision of a parent, or guardian, and the ignition, discharge and use is within the permitted hours and does not violate the provisions of this article and the Act.
Section 66-505 Public Property
(a). No person shall at any time or on any day ignite, discharge or use and Fireworks, including Consumer Fireworks, Low Impact Fireworks and Novelties in public parks
(b). No Fireworks including Consumer Fireworks, Low Impact Fireworks and Novelties shall be discharged, used or ignited on any public property, including public streets, sidewalks, easements and rights of ways as well as school property
Section 66-506. General Restrictions; manufacturer's instructions; minimum clearances; use while under the influence of alcohol and controlled substances prohibited; schools, churches, public buildings; penalties; police confiscation and seizure
(a). No person shall discharge fireworks or novelties other than in a manner prescribed by the manufacturer's directions for use and no person shall discharge consumer fireworks while within a building or enclosed space within 50 feet of a flame or flammable surface; within 50 feet of a property line; within any public roadway or public right of way; within, upon, or from a motor vehicle; at any person, vehicle or conveyance; within 500 feet of a gasoline service station; during weather conditions involving wind speeds in excess of 10 miles per hour; from any location not at ground level; from any surface that is not flat and level; without keeping a bucket of water or garden hose ready to address accidents; within 25 feet of a building; from within any type of container or other object that could reasonably be foreseen to impede the aerial progress of the firework, or to cause a fire or explosion after its ignition.
(b). An individual who uses, ignites, or discharges 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 is guilty of a misdemeanor, punishable by up to 30 days in jail and/or a fine up to $500.00, or if the violation caused damage to the property of another person, by up to 90 days in jail and/or a fine up to $500.00
(c).A person shall not ignite, discharge or use consumer fireworks on public property, school property, church property of another person without that organization's or person's express permission to use those fireworks on those premises. A person who violates this subsection is responsible for a state civil infraction as provided by in the Act.
(d). No person shall, either individually or in concert with another Person, cause damage to any private or public property by the use, discharge or ignition of any Fireworks. Any violation of this subsection is subject to any penalty imposed by the Act.
(e). A law enforcement officer and or/fire official may confiscate and impound all fireworks and fireworks paraphernalia involved in causing a violation of this article. If the impounded items are lawful to possess, they may be retained as evidence until any court proceedings or citations have been adjudicated and any probationary periods have been completed. If the impounded items are unlawful to possess the police department or fire department shall dispose of or destroy the items in accordance with evidence protocols that will still allow for effective prosecution of the charged offenses without actual retention of the items. If any fireworks are retained by the City, they shall be stored in compliance with the Act and rules promulgated under the Act. The person from whom the fireworks are seized under the Act or this Article shall pay the actual costs of storage and /or disposal of the seized fireworks. The police department may dispose of the seized fireworks by providing them to a disposal organization approved by the chief of police or designee, or by allowing them to be used by the City police, fire and code enforcement agencies for training purposes.
Section 66-507 Applicability Of General Ordinances
Nothing in this division shall preclude the enforcement of ordinances or laws of general applicability at any time or on any day regardless of whether the conduct or offense is secondary or incidental to the use, discharge or ignition of fireworks.
Section 66-508 Display Fireworks
(a). The City Council may permit Articles Pyrotechnic, Display Fireworks and Special Effect Fireworks in the City of Woodhaven, pursuant to the provisions of the Act and this Ordinance.
(b). Any person wishing to conduct an Articles Pyrotechnic, Display Fireworks or Special Effects Display shall, at least 45 days prior to any display, submit an application on a form furnished by the City, pay the required fee and shall secure permission from the City Council prior to any such fireworks display.
(c). The site plan of the area where the Articles Pyrotechnic, Display Fireworks or Special Effects display is to be conducted shall be submitted with the application. The site plan shall set forth all structures in the area and within the discharge site fallout area. The site plan shall furthermore set forth the distance separating any fireworks and any spectator viewing areas. All site plans shall be forwarded to the Fire Chief and/or his or her designated alternate for approval, including any recommended conditions, prior to coming before the City Council for its approval.
(d). A copy of any required state or federal permit for the fireworks display shall be submitted with the application.
(e). Proof of insurance meeting the requirements of this Ordinance and PA 256 of 211 shall be submitted with the application.
(f). The application shall include information as to the competency and qualifications of the fireworks display operators, as required by NFPA 1123.
(g). The City Council shall approve an application under his Section if it finds that all of the following standards are satisfied:
1. The application and accompanying documentation is complete and conforms to the requirements of this Ordinance.
2. The operator of the fireworks display is competent and qualified to conduct the fireworks display, per NFPA 1123.
3. The Fire Chief or his/her designated alternate has approved the application and site plan.
4. The fireworks display will not have an adverse effect upon public safety.
5. The time, duration, location of the fireworks or special effects display will not, due to noise and other factors, unreasonably disturb the peace of persons residing within the vicinity or otherwise violate the City's Nuisance Abatement Ordinance.
The City Council, in approving an application under his Section, shall have the authority to impose such conditions as it determines in its sole discretion are necessary to assure that the Fireworks display will satisfy the above standards.
h. Requirements and Restrictions
1. The person conducting the fireworks display shall follow NFPA 1123 for fireworks display and/or the City requirements set forth herein, whichever are more restrictive.
2. A minimum safe area of 250 feet radius, plus an additional 70 feet radius for each inch by which the fireworks shell exceeds 3 inches in diameter shall be required. The City Council shall have the authority to grant a variance from this requirement where it determines in its sole reasonable discretion that, given the nature of the subject site; the nature of the surrounding area and/or the nature of the proposed fireworks display, that a variance will not have a material adverse impact on public safety. In no event, however, shall the applicant fail to comply with the minimum requirements of NFPA 1123.
3. The applicant shall maintain personal injury liability insurance/property damage liability insurance in the amount of $1,000,000 for each event. The City shall be named as an additional insured on the insurance policy.
4. The City Council shall not issue a permit to a nonresident person until the person has appointed in writing a member of the state bar or a resident agent to be the person's legal representative upon whom all process in an action or proceeding against the person may be served.
5. The applicant shall be responsible for all shells being fired. In the event one or more of the shells does not explode, the applicant shall secure the area until the unexploded shell(s) is found and properly disposed of.
6. The consumption of alcohol immediately prior to and during the fireworks display by any person involved in conducting the display is prohibited.
7. A fireworks display conducted hereunder shall conform with all specifications set forth in the approved application and site plan, as well as with any conditions imposed by the City Council in granting such approval.
8. The applicant shall cause the site of the fireworks display to be cleaned up within 24 hours after the fireworks display has ended.
9. A permit is not transferable and shall not be granted to a minor.
Section 66-509 Penalties
Any person that violates any provision of this Ordinance shall be deemed responsible for a municipal civil infraction and fined in accordance with the following schedule:
Minimum Fine Maximum Fine
--- 1st offense within 3 year period* $ 75.00 500.00
--- 2nd offense within 3 year period* $ 150.00 500.00
--- 3rd offense within 3 year period* $ 325.00 500.00
--- 4th offense within 3 year period* $ 500.00 500.00
*Determined on the basis of the date of commission of the offense(s).
The City Council may amend the civil infraction penalties stated above by resolution from time to time.
Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which City of Woodhaven has been put in connection with the municipal civil infraction. In no case, however, shall costs of neither less than $9.00 nor more than $500.00 be ordered. In addition, the City shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance continues to exist shall constitute a separate violation of this Ordinance.
Section 66-510 Severability
If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of the ordinance, it being the intent of the City that this ordinance shall be fully severable.
Section 66-511 Effective Date.
This ordinance shall become effective ten days after enactment.