NOTICE: With the 4th of July approaching we have received numerous complaints for fireworks. Please adhere to the State Law and City Code. Also regardless of the holiday COMMERCIAL GRADE fireworks are never legal within the city limits without special permits, Fire Marshall approval and public safety personnel present.
See the City Code below for details.
Sec. 32-142. - Fireworks.
(a) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning: (1) Act. The Michigan Fireworks Safety Act, MCL 28.451 et seq. (2) APA standard 87-1. 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. (3) City. The City of New Baltimore. (4) Consumer fireworks. Firework devices that are designed to produce visible and 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 are often commonly known as, but not limited to, sky rockets, bottle rockets, missile-type rockets, helicopters, aerial spinners, roman candles, mine and shell devices, aerial shell kits, firecrackers, chasers, and certain multiple tube fireworks devices. Consumer fireworks does not include low-impact fireworks. (5) Consumer fireworks certificate. The certificate issued by the department which allows a person to sell consumer fireworks in accordance with the Act. (6) Department. The Michigan Department of Licensing and Regulatory Affairs. (7) Fire marshal. The Fire Marshal of the City of New Baltimore or his or her designee. (8) 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. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects. (9) Low-impact fireworks. Ground and handheld sparkling devices as that phrase is defined in APA standard 87-1, 3.1, 184.108.40.206 to 220.127.116.11, and 3.5. Low impact fireworks are often commonly known as, but not limited to, sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinners, flitter sparklers, certain toy smoke devices, certain wire sparklers/dipped sticks, and certain multiple tube fireworks devices. (10) National holiday. As used in this article, a national holiday is any of the following: New Years Day (January 1); Birthday of Martin Luther King Jr. (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Columbus Day (second Monday in October); Veterans Day (November 11); Thanksgiving Day (fourth Thursday in November); and Christmas Day (December 25). (11) NFPA. The National Fire Protection Association headquartered at 1 Batterymarch Park, Quincy, Massachusetts. (12) Novelties. The term "novelties" shall have the same meaning as set forth in APA Standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5, often commonly known as, but not limited to, party poppers, snappers, toy smoke devices containing not more than 5g of pyrotechnic composition, snakes, glow worms, wire sparklers/dip sticks containing not more than 100g of pyrotechnic composition, and all of the following: a. Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap. b. Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in subparagraph (i) 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. c. Flitter sparklers in paper tubes not exceeding one-eighth inch in diameter. d. 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. (13) Person. An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity. (14) Special effects. A combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical, or opera production or live entertainment. (b) Inspection sales and storage areas. The fire marshal may, at any time, undertake a review of any fireworks sales or storage area for which a consumer fireworks certificate has been issued or is required, for any discharge of fireworks, to determine whether any violations of state law or local ordinance are occurring which might endanger the public health, safety, and welfare, or which might warrant revocation of the certificate or permit. Should any person fail or refuse access, the fire marshall may apply and obtain a search warrant as allowed under applicable law. (c) Manufacture of fireworks. No person shall manufacture any fireworks within the city. (d) Ignition, discharge, and use of consumer fireworks: (1) A person shall not ignite, discharge, or use, or permit, allow or aid and abet in the ignition discharge, or use of consumer fireworks except during permitted hours on the date preceding the day of, or the day after a national holiday. (2) No person shall ignite, discharge, or use consumer fireworks, or aid or abet in, permit, or allow the ignition discharge or use of consumer fireworks between the hours of 12:00 a.m. and 8:00 a.m. on the day preceding, the day of, or the day after a national holiday, except that on New Years Day, no person shall ignite, discharge, or use consumer fireworks between the hours of 1:00 a.m. and 8:00 a.m. (3) No person shall ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that persons expressed permission to use consumer fireworks on those premises. (4) Consumer fireworks shall not be furnished or sold to a minor. (5) Any person who violates subsection (1) or (2), is guilty of a misdemeanor punishable by imprisonment of not more than 93 days, or a fine of $500.00, or both, plus costs. (6) Any person who violates subsection (3) or (4), is guilty of a civil infraction punishable by a fine of up to $500.00 plus any other remedies as allowed for a municipal civil infraction under applicable law. (e) Authorization to issue citations. Police officers, police cadets, the fire chief, firemen and building officials are authorized to issue citations pursuant [to] this section.
(Code 1981, § 9.102(5); Ord. No. 192, § 2, 7-8-2013)