Orion Twp. Proposed Ordinance No. 143 – Fireworks Safety Standards

NOTICE

CHARTER TOWNSHIP OF ORION

PROPOSED ORDINANCE ADOPTION

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, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt 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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National HolidayPermitted Date as used in this article shall mean the following dates after 11:00 am:

New Year’s Day, January 1;

Birthday of Martin Luther King, Jr., the third Monday in January;

George 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;

Veteran’s Day, November 11; and

Thanksgiving Day, the fourth Tuesday in November,

Christmas Day, December 25,

and any holidays as may be from time to time added, removed or changed under 5 USC Section 6103, or any replacement or amended legislation.

(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 National Holidays, and the day before and the day after a National Holidaypermitted 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 the day before, the day after and the day of a National Holiday. On the day before, the day after and the day of a National Holiday 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 National Holidays, and the day before and day after a National Holidayon 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 in on public parks, andproperty, 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 municipal 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 HolidaysPermitted Dates

On any day, including the day of, the day preceding and the day after a National HolidayPermitted 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. Excessive use of Consumer Fireworks that results in the disruption to residents is prohibited, notwithstanding anything to the contrary in the Act. Excessive use is defined as conduct that includes the continuous or intermittent ignition of fireworks continuing for more than 20 minutes during the hours of 10:30 p.m. and 11:00 a.m.

C. 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.

D. 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 misdemeanorcivil infraction, and a Person responsible may be ordered to pay a fine up to $500, and/or subject to up to 90 days in jailof $1,000.

B. For violation of this article that is a civil infraction, a Person responsible may be ordered to pay a civil fine of up to $500 for each violation.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 13 14 – Display Fireworks

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Section 14 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 15 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 proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.

Penny S. Shults, Clerk

Charter Township of Orion

Publish: 05.29.19

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