VILLAGE OF LENNON GENESEE/SHIAWASSEE COUNTY, MICHIGAN

ORDINANCE NO. 2019-0909-01

AN ORDINANCE FOR THE REGULATION OF THE IGNITION, DISCHARGE, AND USE

OF CONSUMER FIREWORKS AS PERMITTED BY THE MICHIGAN FIREWORKS

SAFETY ACT, MCL 28.451 ET AL. AS AMENDED BY PUBLIC ACTS 634, 635, AND 636 OF 2018

THE VILLAGE OF LENNON ORDAINS:

Ordinance No. 2019-0909-01, Regulation of the Ignition, Discharge, and Use of Consumer Fireworks for the Village of Lennon shall be added to provide as follows:

SECTION 1

PURPOSE

The Regulation of the Ignition, Discharge, and Use of fireworks Ordinance for the safety of the residents of the Village of Lennon is enacted pursuant to the provisions of MCL 28.451 et al., as amended by Michigan Public Acts 634, 635, and 636 of 2018 and is intended to protect the safety of all Village of Lennon residents and protect the rights of all Village of Lennon residents to peaceful enjoyment of their property.

SECTION 2

DEFINITIONS

1. Alcoholic Liquor — the term shall be defined in section Id of the Michigan Motor Vehicle code, MCL 257.1 et al.
2. APA Standard 87-1 — the standard for the construction and approval transportation of fireworks, novelties, and theatrical pyrotechnics, as published by the American Pyrotechnics Association of Bethesda, Maryland.
3. Consumer Fireworks — fireworks devices that are designed to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Protection Safety Commission 16 CFR parts 1500 and 1507, as amended, and that are listed in APA Standard 87-1. Consumer fireworks do not include low-impact fireworks.
4. Controlled Substance — the term shall be defined in section 8b ofthe Michigan Motor Vehicle code, MCL 257.1 et al.

I

5. 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.
6. Low-Impact Fireworks — ground and handheld sparling devices as defined in APA Standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
7. Minor — an individual who is less than 18 years of age.

SECTION 3

REGULATIONS FOR THE IGNITION, DISCHARGE, AND USE OF FIREWORKS

1. Except as provided in this section, a person shall not ignite, discharge, or use consumer fireworks at any time.
2. A person may ignite, discharge, or use consumer fireworks during the following dates and times:
   1. From 1 1 m. on December 31 to 1       a.m. on the immediately following January 1.
   2. From 11 :00 a.m. to 11 :45 p.m. on the Saturday immediately preceding Memorial Day.
   3. From 11 a.m. to 11 :45 p.m. on the Sunday immediately preceding Memorial Day.
   4. From 11:00 a.m. to 11:45 p.m. on June 29, June 30, July 1, July 2, July 3, and July 4.
   5. From 1 1 m. to 1 1 p.m. on July 5, if that date is a Friday or Saturday.
   6. From 11 m. to 11 :45 p.m. on the Saturday immediately preceding Labor Day.
   7. From 1 1 m. to 1 1 :45 p.m. on the Sunday immediately preceding Labor Day.
3. A minor shall not possess, ignite, discharge, or use consumer fireworks.
4. A violation of this Section shall be deemed a municipal civil infraction, punishable by a fine of $1,000.00.

SECTION 4

IGNITION, DISCHARGE, OR USE OF CONSUMER FIREWORKS ON PUBLIC

PROPERTY, SCHOOL PROPERTY, CHURCH PROPERTY, OR THE PROPERTY OF ANOTHER PERSON

1. 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 a person's express permission to use fireworks on the premises.
2. A violation of this Section shall be deemed a municipal civil infraction, punishable by a fine of $1,000.00.

SECTION 5

IGNITION, DISCHARGE, OR USE OF CONSUMER FIREWORKS WHILE UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR OR A CONTROLLED SUBSTANCE

1. 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.
2. A violation of this Section shall be deemed a municipal civil infraction, punishable by a fine of $1,000.00.

SECTION 6

DETERMINATION OF VIOLATION OF ORDINANCE; SEIZURE, DESTRUCTION, AND

STORAGE COSTS OF FIREWORKS

1. If a Village of Lennon law enforcement officer determines that a violation of this ordinance has occurred, the officer may seize the fireworks as evidence of the violation.
2. The Village of Lennon shall store the evidence seized under this ordinance pending the disposition of any proceedings from the violation.
3. Upon a final disposition of an appeal of a finding of responsibility under this ordinance that affirms the finding, Village of Lennon may dispose of or destroy any fireworks seized as evidence.