§ 22-50. Fireworks.
(a)
Definitions. [The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Consumer fireworks means fireworks devices that are designed to produce visible or audible 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.
Display fireworks means 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.
Firework or fireworks means any composition or device, except for a starting pistol, a flare gun, or a flare, designated 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.
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.
Novelties means that term as 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 twenty-five-hundredths 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 subparagraph (1) 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.
(2)
Flitter sparklers in paper tubes not exceeding one-eighth-inch in diameter.
(b)
(1)
Prohibition on use of consumer fireworks. No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of Public Act 257 of 2011, and all other applicable local, state, or federal regulations. A person shall not ignite, discharge, or use consumer fireworks on a public property, school property, church property, or the property of another person without that organization's or person's express permission.
Formal fireworks displays for the benefit of the public may be allowed by special events permit.
(2)
A person shall not ignite, discharge, or use consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m.
(c)
It shall be unlawful for any person, firm, partnership or corporation to offer for sale, expose for sale, keep with the intent to sell at retail, or sell at retail to any person who has not yet attained the age of 18 years of age any blank cartridge, toy pistol, toy cannon, toy cane or toy gun in which explosives are used; the type of unmanned balloon which requires fire underneath to propel the same; firecrackers, torpedoes, skyrockets, roman candles, daygo bombs or other fireworks of like construction; or any fireworks containing any explosive or inflammable compound or any tablets or other devices commonly used and sold as fireworks, containing nitrates, chlorates, oxolates, sulfides of lead, barium, antimony, arsenic, mercury, nitroglycerin, phosphorous or any compound containing any of the same or other modern explosives.
(d)
Not included within the foregoing prohibition are model rockets and model rocket engines designed, sold and used for the purpose of propelling recoverable aero models. Also not included are sparklers containing not more than one hundred twenty-five ten-thousandths pounds of burning portion per sparkler, flitter sparklers in paper tubes not exceeding one-eighth-inch in diameter, 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 thereon, toy pistols, toy canes, toy guns or other devices manufactured to utilize paper and/or plastic caps containing not more than twenty-five hundredths of a grain of explosive content per cap, or said paper and/or plastic caps themselves, the sale of which shall be permitted at all times.
(e)
Use while under the influence. No person shall 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.
(f)
Reckless use of fireworks. No person shall ignite, discharge or use any fireworks in reckless disregard for the safety of persons or property.
(g)
Enforcement. In addition to police officers, the fire chief, his designee, the fire marshal and any fire awareness officer are authorized to enforce the provisions of this article.
(h)
Penalties for violation. Any person who is found guilty of violating any provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in section 1-13 of this Code.
(i)
Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall not be affected.
(j)
Repeal. All regulatory fireworks provisions contained in other city ordinances which are inconsistent with the provisions of this article are repealed.
(Ord. No. 2012-006, 11-5-2012; Ord. No. 2014-007 , 9-15-2014)