ORDINANCE # 15-2015 Fireworks

FIREWORKS ORDINANCE #15-2015

THE VILLAGE OF BARRYTON ORDAINS:

Section 1.        Definitions.

The following terms, when used in this article, shall have the meaning ascribed to them in this section:

Act means the Michigan Fireworks Safety Act, Act No. 256 of the Public Acts of Michigan of 2011, as amended.

All other terms used in this article shall have the same meanings as defined or used in the Act.

Low impact fireworks will be defined as general over the counter fireworks which do not fly into the air and are generally placed on the ground.

Section 2.        Fireworks.

A person shall not possess, sell, ignite, use, or discharge any fireworks within the Village of Barryton except as permitted by the Act and this article.

Section 3.        Permits required.

A permit from the Village of Barryton 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 of Barryton on terms and in a manner consistent with the Act. The storage of fireworks shall be prohibited in the Village of Barryton 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.

Low impact fireworks will not require a permit.

Section. 4        Permit application; fee; decision of Village Council.

Application for permits shall be made in writing, on forms provided by the Michigan Department of Licensing and Regulatory Affairs, to the Barryton 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 of 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 Council under the Act’s predecessor shall remain valid subject to its original terms.

Section 5.        Liability Insurance.

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 $1,000,000 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 Council of cancellation or revocation of the policy.

Section 6.        Fireworks Regulations.

(a)        Consumer Fireworks.

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 of Barryton on the day preceding, the day of, or the day after a national holiday, consistent with the Act. Low Impact Fireworks may be used on any day during the hours of NOON until 11:00 PM.

For purposes of this section, “national holiday” shall, in accordance with 5 USC Section 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; and, Christmas Day, December 25.     .

(b)        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.

 

(c)   Possession by or Sale to Minor.

(1) No person shall sell consumer fireworks to a person under the age of 18 years.

(2) 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.

(3) No person under the age of 18 years shall buy, purchase, acquire or obtain any consumer fireworks within the Village.

(d)       Use of Fireworks.

No person shall use consumer fireworks or low-impact fireworks while under the influence of an alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. As used in this subsection:

(1) “Alcoholic liquor” means that term as defined in section 257.1d of the Michigan Vehicle Code, Act 300 of the Public Acts of Michigan of 1949, as amended from time to time.

(2) “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.

 

(e)        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.

Section 7: Violations, Fines and Penalties

(1)       The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)        The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

Section 8:  Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Section 9:  Publication

The village clerk shall certify to the adoption of this ordinance and cause the same to be published as required by law.

I hereby certify to the adoption of this ordinance at the __April 8, 2015__council meeting and cause the same to be published as required by law.

Yeas ___5__  Nays ___0__    Ordinance declared: Adopted

Published Date: April 17, 2015                      Effective Date: May 8, 2015

 

_____Jennifer Trelfa______                                        _____Deb Buehner__________

Signed by Village Clerk:                                                         Village President: