ORDINANCE NO. 747
SAGINAW CHARTER TOWNSHIP
SAGINAW COUNTY, MICHIGAN
AN ORDINANCE TO AMEND ORDINANCE NO. 732, PURSUANT TO 2011 PA 256, AS AMENDED BY 2013 PA 65, PROHIBITING THE IGNITION, DISCHARGE AND USE OF CONSUMER FIREWORKS DURING PRESCRIBED HOURS OF EACH DAY; TO PRESCRIBE PENALTIES AND TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE.
SAGINAW CHARTER TOWNSHIP ORDAINS:
SECTION 38.10 IGNITION, DISCHARGE AND USE OF CONSUMER FIREWORKS is hereby amended to read as follows:
(1.) For the purposes of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) Act. The Michigan Fireworks Safety Act, Public Act 256 of 2011, MCL 28.451 et seq.
(b) Consumer Fireworks. 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 are often commonly known as, but not limited to, sky rockets, bottle rockets, missile-type rockets, helicopters, aerial spinners, roman candles, mine and shell devices, aerial shell kits, firecrackers, chasers, and certain multiple tube fireworks devices. Consumer fireworks does not include low-impact fireworks.
(c) Consumer Fireworks Certificate. The certificate issued by the Department which allows a person to sell consumer fireworks in accordance with the Act.
(d) Department. The Michigan Department of Licensing and Regulatory Affairs.
(e) Display Fireworks. 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.
(f) Fireworks. 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.
(g) Low-impact Fireworks. Ground and handheld sparkling devices as that phrase is defined in APA standard 87-1, 3.1, 18.104.22.168 to 22.214.171.124, and 3.5. Low impact fireworks are often commonly known as, but not limited to, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, certain toy smoke devices, certain wire sparklers/dipped sticks, and certain multiple tube fireworks devices.
(h) National Holiday. As used in this Article, a national holiday is any of the following: 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).
(i) Novelties. The term "novelties" shall have the same meaning as set forth in APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5, often commonly known as, but not limited to, party poppers, snappers, toy smoke devices containing not more than 5g of pyrotechnic composition, snakes, glow worms, wire sparklers/dip sticks containing not more than 100g of pyrotechnic composition, 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 cap.
(2) 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.
(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.
(j) Person. An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.
(k) Retailer. A person who sells consumer fireworks or low-impact fireworks for resale to an individual for ultimate use.
(2.) Pursuant to state law, 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. "Property of another person" includes hotel and motel property, apartment property, rental property including duplex, attached townhomes or quad units and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas. A person who violates this subsection is responsible for a municipal civil infraction as provided by Section 1-7. A person who receives a civil infraction citation for violating this subsection and who commits another violation of this subsection within 72 hours of the first violation shall be guilty of a misdemeanor, punishable as provided in Section 38-2.
(3.) 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.
(4.) An individual who violates the smoking prohibition under NFPA 1124, 126.96.36.199 (smoking within 50 feet of a consumer fireworks retail sales area) is guilty of a state law misdemeanor punishable as provided in the Act.
(5.) Consumer fireworks shall not be ignited, discharged, or used in the Township, except between the hours of 8:00 a.m. and 1:00 a.m. the day preceding, the day of, or the day after a national holiday as defined in Section 1(h).
(6.) State law prohibits any ordinance enacted under the Fireworks Safety Act from regulating the ignition, discharge, or use of consumer fireworks on the day preceding, the day of, or the day after a national holiday. However, state law does not prohibit enforcement of other ordinances not adopted under the Fireworks Safety Act, nor does the state law provide immunity for noise and community disturbances committed as a result of igniting, discharging, or using consumer fireworks. Therefore, other violations of the Code committed during or as a result of the ignition, discharge, or use of consumer fireworks may still be enforced, including but not limited to:
(a) Violating Chapter 26, Article III, Sections 61-65 of the Saginaw Charter Township Code of Ordinances.
(b) Violating Chapter 38, Article I, Section 8 of the Saginaw Charter Township Code of Ordinances.
All other ordinances not adopted pursuant to the Act and not directly or specifically targeted at the use of consumer fireworks shall continue to apply and may be enforced at any time of the year, even on the day before, during, or the day after a national holiday.
(7.) No adult person other than the person igniting, discharging, or using a consumer firework shall be within 25 feet of a consumer firework that is being ignited, discharged, or used, and no minor shall be within 50 feet of a consumer firework that is being ignited, discharged, or used, unless such adult or minor is on his or her own neighboring property. Any person with control over the property who allows any adult or minor to violate this subsection shall also be in violation of this subsection. The Township Board of Trustees hereby finds that a motivating factor for the use of consumer fireworks is the presence and reaction of spectators, and the purpose of this subsection is to discourage family members, neighbors, guests, onlookers, and spectators from too closely gathering around the use of consumer fireworks, thereby subjecting themselves to potential injury by a person who is allowed under state law to ignite consumer fireworks without any regulation of such activity. This subsection shall be liberally construed to achieve the goal of protecting spectators from potential harm.
(8.) It shall be a misdemeanor punishable as provided by Section 38-2, if, as a result of having ignited, discharged, or used a consumer firework, any harm or damage is caused to any person or the property of another.
(9.) Every fireworks vendor advertising consumer fireworks for sale within the Township shall provide notice, as set forth in this subsection, to every purchaser of consumer fireworks by including an 8½" x 11" flyer with every purchase and by displaying a sign affixed to each side of any display area or temporary facility or consumer fireworks retail stand, as both are defined by the Michigan Administrative Code, where fireworks are sold at retail. To be in compliance with this subsection, the font on a flyer shall be no smaller than 14 point boldface type, and the lettering on a sign shall be visible and discernible from every point of sale and, for temporary facilities, from a distance of at least 20 feet outside the footprint or boundaries of the facility. Each day that a vendor remains out of compliance with the requirements of this subsection shall be chargeable as a separate offense. At a minimum, each flyer and/or sign shall contain any information required by the Township Manager, the Police Chief, or the Fire Chief, as well as all of the following information:
NOTICE OF TOWNSHIP AND STATE LAWS
1. FIREWORKS THAT LEAVE THE GROUND ARE PROHIBITED IN SAGINAW CHARTER TOWNSHIP, EXCEPT ON 10 NATIONAL HOLIDAYS, INCLUDING THE DAY BEFORE AND THE DAY AFTER THOSE HOLIDAYS (A TOTAL OF 30 DAYS PER YEAR).
THE HOLIDAYS ARE NEW YEAR’S DAY; MARTIN LUTHER KING, JR’S BIRTHDAY; WASHINGTON’S BIRTHDAY; MEMORIAL DAY; INDEPENDENCE DAY; LABOR DAY; COLUMBUS DAY; VETERANS DAY; THANKSGIVING DAY; AND CHRISTMAS DAY.
2. FIREWORKS THAT MAKE NOISE THAT CAN BE HEARD FROM ANY PUBLIC PLACE MAY NOT BE USED AFTER 10:00 P.M.
3. DURING THE 30 DAYS EACH YEAR WHEN FIREWORKS THAT LEAVE THE GROUND ARE PERMITTED, THEY MAY NOT BE USED BEFORE 8:00 A.M. AND MAY NOT BE USED AFTER 1:00 A.M.
4. FOR FIREWORKS THAT LEAVE THE GROUND, ONLY THE PERSON IGNITING THE FIREWORKS MAY BE WITHIN 25 FEET, AND MINORS MAY NOT BE WITHIN 50 FEET.
5. FIREWORKS THAT LEAVE THE GROUND MAY NOT BE DISCHARGED ON GOVERNMENT PROPERTY, INCLUDING PARKING AREAS, STREETS, AND SIDEWALKS, OR ON PROPERTY OWNED BY ANOTHER UNLESS YOU HAVE EXPRESS PERMISSION FROM THE GOVERNMENT OR THE PROPERTY OWNER (NOT OCCUPANT) TO DISCHARGE FIREWORKS.
6. FIREWORKS THAT LEAVE THE GROUND MAY NOT BE USED BY A PERSON WHO IS UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR AND/OR ANY CONTROLLED SUBSTANCE (INCLUDING PRESCRIPTIONS).
7. NOISE AND NUISANCE VIOLATIONS, AND LITTERING ARE MISDEMEANORS. YOU ARE RESPONSIBLE FOR CLEANING UP ANY FIREWORKS DEBRIS THAT ENDS UP ON PROPERTY THAT IS NOT YOUR OWN.
8. POLICE AND FIRE OFFICIALS MAY CITE YOU FOR MISDEMEANOR OR CIVIL INFRACTION VIOLATIONS OF STATE LAWS AND TOWNSHIP ORDINANCES, WITH FINES SET AT $500 FOR EACH VIOLATION. OFFICIALS MAY ALSO CONFISCATE ILLEGAL FIREWORKS AND FIREWORKS BEING USED UNLAWFULLY. YOU WILL BE RESPONSIBLE FOR THE COST OF DISPOSING OF THOSE FIREWORKS.
The reverse side of every flyer shall depict a standard calendar for the applicable year, with each day on which consumer fireworks may be used highlighted for easy reference. The title on the calendar side of the flyer shall read: "Consumer fireworks may only be used on 30 days each year, subject to the rules on the reverse side. Permitted days are highlighted on the calendar below."
(10.) Any individual who violates the restrictions in divisions (5), (7), or (8), or who aids, abets, perpetuates, participates in, or otherwise promotes the actions of the individual that violate said restrictions, may be cited and prosecuted for the applicable ordinance violation(s) and/or shall be responsible for a municipal civil infraction, punishable as provided in Section 1-7. If the unlawful activity does not cease or resumes within 72 hours after issuance of a municipal civil infraction citation, the owner, occupant, or other person with control of the real property where the violations are occurring and/or the person who has or shares control of the fireworks shall be guilty of a misdemeanor, punishable as provided in Section 38-2.
(11.) 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 or which are found to be within the access and control of the violator(s). 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 township, they shall be stored in compliance with the Act and rules promulgated under the Act. The person from whom 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 township police, fire, and code enforcement agencies for training purposes.
(12.) 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 Township Code of Ordinances.
(13.) This Ordinance is directed to be published in the Township View, a newspaper of general circulation within Saginaw Charter Township on May 26, 2016 and shall be effective upon publication.
Adopted by the Township Board of Saginaw Charter Township at a regular meeting said Board held on May 23, 2016 by the following vote:
Ayes: Supervisor Braun, Treasurer Gerhardt, Trustees Connolly, Gorney,
Howell, and Kelly _______________________________________
Absent: Clerk Wazny
The Ordinance was declared adopted.
Date: May 23, 2016 ___________________________________
Timothy J. Braun, SUPERVISOR
Shirley M. Wazny, CLERK