VILLAGE OF SAND LAKE COUNTY OF KENT STATE OF MICHIGAN FIREWORKS ORDINANCE NO. 2014-2 Adopted: September 15, 2014 Effective: October 15, 2014 An ordinance to protect the safety and general welfare by establishing regulations relating to the operation and control of the use of fireworks within the Village of Sand Lake, Kent County, Michigan: to provide penalties for the violation of said Ordinance. THE VILLAGE OF SAND LAKE, COUNTY OF KENT, MICHIGAN ORDAINS: 1.9 Fireworks Section 1 Definitions Fireworks means any device except for a starting pistol, flare gun or flare, designed for the purpose of creating a visible or audible effect by combustion, deflagration, or detonation. Fireworks shall include display fireworks, consumer fireworks and low impact fireworks. Display fireworks means large firework devices that are explosive materials intended for use in firework displays and designed to produce visual or audible effects by combustion, deflagration, or detonation as provided in 27 CFR 172 and APA standard 87-1, 4.1 Consumer fireworks means firework 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 8PA standard 87-1.3.12,3.1.3, or 3.5. Consumer fireworks does not include low impact fireworks. Low impact fireworks include ground and handheld sparkling devices as defined under APA standard 87-1, 3.1,3.1.1.1 to 3.1.1.8 and 3.5 National holiday shall, in accordance with 5 USC Section 6103, be deemed the following: New Year's Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; Washington's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and, Christmas Day, December 25. Alcoholic liquor means that term as defined in section 1d of the Michigan Vehicle Code, Act 300 of the Public Acts of Michigan of 1949, as amended from time to time. Controlled substance means that term as defined in section 8b of the Michigan Vehicle Code, Act 300 of the Public Acts of Michigan of 1949, as amended from time to time. Section 2 Prohibited Conduct A. No person shall ignite, discharge, or use display fireworks in the Village of Sand Lake without permission of the Village Council. B. No person shall ignite, discharge, or use consumer fireworks in the Village of Sand Lake 1. On a day other than the day preceding, the day of, or the day after a national holiday; or 2. On the day preceding, the day of, or the day after a national holiday, between the hours of 1:00 a.m. and 8:00 a.m. C. No person under the age of 18 years shall use, possess, explode or cause to explode any fireworks within the Village, except while in the presence and under the control of a parent, guardian or other responsible adult. D. No person shall use fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance. E. Fireworks shall not be ignited, discharged or used on public property, including streets and right of way, or on school property, church property or private property of another without expressed written permission from the person or legal entity in possession or control of that property. Section 3 Enforcement A. This ordinance may be enforced by any sworn law enforcement officer, Village official, or fire personnel. Section 4 Seizure of Fireworks A. If an enforcing officer determines a violation of this ordinance has occurred, the officer may seize the fireworks as evidence of such violation. Section 5 Penalty A. A person who violates this ordinance shall be responsible for a municipal civil infraction and subject to a fine not to exceed $500.00 together with the cost of prosecution. B. Upon a finding of responsibility for a violation of this ordinance, the Village may dispose of or destroy any fireworks seized as evidence. In addition to any other penalty provided, a person found responsible for a violation of this ordinance shall reimburse the Village for the cost of storage and disposal of any fireworks. Section 6 Severability A. Should any section, subdivision clause or phrase of this ordinance be declared by the courts to be invalid, the validity of the ordinance in whole or in part shall not be affected other than the part invalidated. Section 7 Effective Date A. The ordinance shall be published in a manner provided by law and shall take effect at the earliest date allowed by law. The ordinance shall become effective twenty days after publication in the newspaper. B. Thielke moved the adoption of the foregoing ordinance which motion was supported by R. Towsley. YEAS: Council member(s) C. Simpson, B. Thielke, D. Dewey, R Towsley, K Thielke NAYS: Council member(s) None ABSTAIN: Council member(s) None ABSENT: Council member(s) D. Rogers, J. Ward ORDINANCE DECLARED ADOPTED: _____________________________________ Leticia Nielsen, Clerk Village of Sand Lake CERTIFICATION I, Leticia Nielsen, hereby certify the foregoing to be true copy of an Ordinance adopted at a regular meeting of the Village of Sand Lake on the September 15, 2014, held pursuant to the required statutory procedures and notice. ____________________________________ Leticia Nielsen, Clerk Village of Sand Lake Introduced: Adopted: Published: Effective: September 15, 2014 September 15, 2014 September 04, 2014 October 15, 2014