NOTICE
CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 143-1
AMENDMENT TO ORDINANCE NO. 143
FIREWORKS SAFETY STANDARDS
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, June 3, 2019, held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, adopted an ordinance to amend Ordinance No. 143, Fireworks Safety Standards, for the Charter Township of Orion, Michigan, to amend the Ordinance to reflect changes due to the passage of HB5939, HB5940 and HB5941.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance
AN ORDINANCE TO PROTECT THE HEALTH AND WELFARE OF THE PEOPLE OF THE CHARTER TOWNSHIP OF ORION THROUGH THE ADOPTION OF LOCAL FIREWORKS SAFETY STANDARDS.
Section 1 – Preamble
The Michigan Fireworks Safety Act, Act 256 of 2011, effective January 1, 2012, legalized the sale of consumer fireworks in Michigan, and delegated to local communities limited control over the use and discharge of the fireworks. Orion Township recognizes that fireworks endanger property, can cause physical injury, and disrupt the peace and quality of neighborhoods and commercial districts. Orion Township endeavors to reconcile the rights that this Act confers upon sellers and consumers, with the rights of the citizens, and families to reside in a safe, harmonious community. The following ordinance is adopted to impose conditions on the time, place and manner of use, discharge and ignition of fireworks deemed to be within the purview of local regulation, in consideration of health, safety and welfare of the public.
Section 2 – Definitions
As used in this ordinance:
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Permitted Date as used in this article shall mean the following dates after 11:00 am:
(a) December 31 until 1 am on January 1.
(b) The Saturday and Sunday immediately preceding Memorial Day until 11:45 p.m. on each of those days.
(c) June 29 to July 4 until 11:45 p.m. on each of those days.
(d) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(e) The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
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Section 3 – Prohibited Fireworks
A. Consumer Fireworks.
A Person shall not use, ignite, or discharge Consumer Fireworks within the geographical boundaries of Orion Township, except on permitted dates, provided that a Person shall not discharge consumer fireworks in violation of the Act and this article.
B. Low Impact and Novelty Fireworks.
The use, ignition or discharge of low impact and novelty fireworks may not be discharged during the hours of 10:30 p.m. to 11:00 a.m., except on permitted dates, the use, ignition, or discharge of low impact fireworks and novelty fireworks is not restricted by this article, unless the use, ignition or discharge is otherwise in violation of the Act or this article.
C. Illegal Fireworks.
Any use, possession or discharge of fireworks that are illegal and not approved by the State of Michigan or the State Fire Marshall is prohibited, regardless of how it is labeled.
Section 4 – Minors
A. A Minor shall not use, discharge or ignite any Consumer Fireworks, at any time, nor on any day, including on Permitted Dates.
B. A Minor shall not use, discharge, or ignite any low impact fireworks or novelty fireworks, unless under supervision of a parent or guardian, and the use, discharge and ignition is within permitted hours, and does not violate the provisions of this article and the Act.
Section 5 – Public Property
A. On any day, the use, discharge or ignition of any fireworks, including Consumer Fireworks, is prohibited on public property, school property, church property, or the property of another person without that organization’s or person’s express permission to use those fireworks on those premises. Except as otherwise provided in this section, a person that violates this subsection is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $500.00.
B. On any day, the use, discharge, or ignition of Consumer Fireworks, Low Impact Fireworks or Novelty Fireworks is prohibited on any other public property, including streets, sidewalks, easements and rights-of-way. A person violating this provision may be subject to a state civil infraction as provided under the Act.
C. No Fireworks of any nature are permitted on the property of a school or church.
Section 6 – General Restrictions Including Permitted Dates
On any day, including Permitted Dates:
A. Fireworks, including Consumer Fireworks, shall not be ignited within 20 feet of an open flame, a burner, gasoline, ignited gas or electric grill, or in any enclosed structure, garage, tent, or shed, or under any canopy or overhanging cover, of any nature.
B. No Person shall either individually or in concert with another Person, cause damage to any private or public property by the use, discharge or ignition of any Fireworks. Any violation of this provision is a misdemeanor, in addition to any penalty imposed under the Act.
C. No Consumer Fireworks may be ignited, launched, discharged within 30 feet of a residential building, or vehicle.
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Section 11 – Penalties
A. Except as provided a violation of this article is a civil infraction, and a Person responsible may be ordered to pay a fine of $1,000.
B. Five Hundred Dollars ($500) of the fine collected for a civil infraction of this Ordinance shall be remitted to the local law enforcement agency responsible for enforcing the ordinance.
C. Any penalty for a violation of the Act shall be subject to the penalty imposed under the Act.
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Section 13 – Ignition of Fireworks
The commanding officer of the fire department of the Township, in consultation with the Department of Natural Resources, may enforce a no burning restriction that includes a ban on the ignition, discharge, and use of consumer fireworks within a city. If a no burning restriction is instituted under this subsection, the commanding officer of the fire department enforcing the restriction shall ensure that adequate notice of the restriction is provided to the public.
Not more than 24 hours after the fire condition is downgraded from extreme or very high fire condition, the commanding officer of the fire department of a Township that enforced a no burning restriction that included a ban on the ignition, discharge, and use of consumer fireworks shall lift the restriction and inform the public that the restriction has been lifted in the same manner that the restriction was announced or made known to the public.
Section 14 – Display Fireworks
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Section 15 – Severability
The various parts, sections and clauses of this Ordinance are 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 Ordinance shall not be affected.
Section 16 – Effective Date
This Ordinance shall be published in full in a newspaper of general circulation in the Charter Township of Orion, qualified under State law to publish legal notices, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2525 Joslyn, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday.
Penny S. Shults, Clerk
Charter Township of Orion
Publish: 06.05.19
Orion Twp. Fireworks Safety Standards Ordinance 143-1 added by James Newell on
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