07/01/2014
CITY OF YALE
ORDINANCE # 187
REGULATION OF FIREWORKS
THE CITY OF YALE ORDAINS:
SECTION 1. Purpose.
An Ordinance to regulate the ignition, use and discharge of fireworks in the City of Yale and to provide enforcement and penalties for violations thereof. The City of Yale finds that fireworks endanger property, can cause physical injury, and disrupt the peace and quality of residential neighborhoods and other districts. This Ordinance is adopted to impose conditions on the time, place, manner of use, discharge and ignition of fireworks deemed to be within the purview of local regulation, and to protect the public health, safety and general welfare.
SECTION 2. Definitions.
As used in this Ordinance:
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 do 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 visual 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 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.
NATIONAL HOLIDAY means a legal public holiday established by federal law in Title V of the United States Code (5 USC 6103, as amended). As of the date of this Ordinance, each of the following days is a national holiday:
1. New Year’s 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.
NOVELTIES or NOVELTY 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 pistol in sheets, strips, rolls, or individual caps containing not more that .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 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 from a missile by the explosion.
3. Flitter sparklers in paper tubes not exceeding 1 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.
SECTION 2. Prohibition on Use of All Fireworks Except as Allowed; Exception.
No person shall ignite, discharge, or use any Fireworks within the City except as allowed by this Ordinance.
SECTION 3. Prohibition on Use of Display Fireworks Without Permit.
No person shall ignite, discharge or use Display Fireworks within the City at any time without a permit issued by the City Council in accordance with Section 16 of Act No. 256 of Michigan Public Acts of 2011(MCL 28.466), as amended. The City Council may charge a fee for the issuance of such permit, the amount of which shall be established by a Resolution adopted by the City Council.
SECTION 4. Prohibition on Use of Consumer Fireworks, Exception.
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 Act No. 245 of Michigan Public Acts of 2011 (MCL 28.457(2)), as amended. Consumer Fireworks ignited, discharged, or used on the dates allowed by this section, shall strictly conform to the definition of Consumer Fireworks as stated in Section 2 of this Ordinance by only creating visual but not audible effects by their combustion and if not so conforming shall be prohibited on said dates as well as all other times.
SECTION 5. Use of Low-Impact or Novelty Fireworks.
Low-Impact Fireworks shall be ignited, discharged, or used so as to not cause injury or damage to any person or property but shall not be ignited, discharged, or used inside any building or structure at any time without a license or permit issued by the Fire Chief or Police Chief. Novelty Fireworks may be ignited, discharged, or used without restriction but such shall only occur in a manner so as to not cause injury or damage to any person or property.
SECTION 6. Violation; Penalty.
Whosoever violates any of the provisions of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than Five hundred ($500.00) Dollars, or by imprisonment in the County Jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment.
