TOWNSHIP OF ATLAS
GENESEE COUNTY, MICHIGAN
ORDINANCE NO. 13-02-A
AN ORDINANCE TO REPEAL ORDINANCE NO.
13-02, THE FIREWORKS ORDINANCE,
AND REPLACE IT WITH THE FIREWORKS AND
SKY LANTERNS ORDINANCE FOR THE
REGULATION OF THE IGNITION, DISCHARGE,
AND USE OF CONSUMER FIREWORKS
AND SKY LANTERNS, AND TO DESIGNATE VIOLATIONS AS A MUNICIPAL CIVIL INFRACTION
THE TOWNSHIP OF ATLAS ORDAINS:
SECTION 1 — Short Title
This Ordinance shall be known and may be cited as the “Fireworks and Sky Lantern Ordinance.”
SECTION 2 — 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.
SECTION 3 — 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, 3.1.1.1 to 3.1.1.8, 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.
(G) “Sky Lantern” means an airborne lantern typically made of paper with a wood or bamboo frame containing a candle, fuel cell composed of waxy flammable material, or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. The term includes sky candles, fire balloons, airborne paper lanterns, Chinese lanterns, Kongming lanterns, wish lantern, and khoom fay. Sky lanterns are not fireworks.
SECTION 4 — 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 4′”.
SECTION 5 — Possession of Consumer
Fireworks by a Minor
A minor shall not possess consumer fireworks.
SECTION 6 — Prohibited
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.
Sky Lanterns. Sky lanterns shall not be used, ignited, launched, offered for sale, exposed for sale, sold at retail, kept with intent to sell at retail, possessed, given, furnished, or transported.
SECTION 7 — Renealer
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 8 – Severability
Should any section, subdivision, clause or phrase of this ordinance be declared by the courts to be invalid. The same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so invalidated.
SECTION 9 — Penalty
(A) A violation of this Ordinance is a is a municipal civil infraction. In addition to pursuing a municipal civil infraction proceeding, the Township may also institute an appropriate action in a court of competent jurisdiction seeking injunctive, declaratory, or other equitable relief to enforce or interpret this Ordinance or any provision of the Ordinance. All remedies available to the Township under this Ordinance and Michigan law shall be deemed to be cumulative and not exclusive. Each day a violation of this ordinance shall exist shall be deemed a separate offense. In addition to a fine to be determined by the township board, the court, at its discretion, may award other costs, attorney’s fees, damages, expenses and other remedies as provided by law.
(B) If the police officer determined that a violation of the Ordinance occurred, the officer may seize the consumer fireworks or sky lanterns 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.
SECTION 10 – Effective Date
This Ordinance shall become effective immediately upon publication.
Teresa Onica, Supervisor
Katherine Vick, Clerk
CLERK’S CERTIFICATION
I, Katherine Vick, the duly elected, qualified and acting clerk of the Township of Atlas, Genesee County, do certify that the above Ordinance was adopted at a regular meeting of the Township Board held in the Government Center, 7386 S. Gale Road, Goodrich Michigan on the 16’h day of October 2017 by a majority of the members of the board present and voting.
Katherine Vick, Clerk
Publish in The Citizen 10-28-17