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Proposed Ordinance 03-2019

STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF ALLEN PARK
PROPOSED ORDINANCE #03-2019
AN ORDINANCE OF THE CITY OF ALLEN PARK CODE OF
ORDINANCES; AMENDING CHAPTER 18, “FIRE PREVENTION AND
PROTECTION”, ARTICLE III, “FIREWORKS”, BY THE REPEAL AND
READOPTION OF SECTION 18-61 TO AMEND PERMITTED DAYS
AND HOURS TO BE CONSISTENT WITH STATE LAW.
The City of Allen Park Ordains:
SECTION 1. Amendment to Code.
Chapter 18, Fire Prevention and Protection
Article III, Fireworks
Section 18-61 is hereby repealed and readopted to hereafter read as
follows:
Sec. 18-61. - Fireworks.
(a) It shall be unlawful for any person to ignite, discharge or use
consumer fireworks in the city except on the following days after 11 a.m.:
(1) December 31 until 1 a.m. on January 1.
(2) The Saturday and Sunday immediately preceding Memorial
Day until 11:45 p.m. on each of those days.
(3) June 29 to July 4 until 11:45 p.m. on each of those days.
(4) July 5, if that date is a Friday or Saturday, until 11:45 p.m.
(5) The Saturday and Sunday immediately preceding Labor Day
until 11:45 p.m. on each of those days.
(b) No person shall at any time or on any day, national holiday or
otherwise, use, discharge or ignite any fireworks in public parks, public
streets, public schools, public sidewalks, public easements or rights-ofway
or any other public property.
(c) No person shall at any time or on any day, national holiday or
otherwise, use, discharge or ignite any fireworks on the property of
another person or organization without that organization or person's
express permission to use fireworks on those premises. The person
using the fireworks bears the burden of proof of showing he or she
received express permission to use fireworks at that location and must
be able to present such proof to any peace officer upon request.
(d) No person shall at any time or on any day, national holiday or
otherwise, use, discharge or ignite any fireworks in such a manner
or way that results in fireworks being projected or propelled onto the
property of another person without that person's express permission
to project or propel fireworks onto their premises. The person using
the fireworks bears the burden of proof of showing he or she received
express permission to project or propel fireworks onto the property of
another person and must be able to present such proof to any peace
officer upon request.
(e) Any costs the city incurs to respond to and/or remediate any damage
to public or private property or injury to another person as a result of the
legal or illegal discharge or use of fireworks shall be paid by any person
responsible for the ignition, discharge or use of fireworks that caused
the damage or injury. The city may pursue any legal remedies to collect
such costs.
(f) If a police officer determines that a violation of this ordinance has
occurred, the officer may seize the fireworks as evidence of the violation
(g) A minor shall not possess consumer fireworks.
(h) The provisions in this section shall not apply to displays sponsored
by the city.
(i) Any person violating this section shall be responsible for a municipal
civil infraction punishable by a fine of not more than $1,000 for each
violation. $500.00 of the fine collected under this ordinance shall be
remitted to the local law enforcement agency responsible for enforcing
the ordinance.
SECTION 2. Repeal.
SECTION 3. Saving Clause.
SECTION 4. Severability.
SECTION 5. Publication.
SECTION 6. Adoption.
The publication of this summary is intended to meet the
requirements for publication as authorized under the provisions of Public
Act No. 182 of the Public Acts of 1991, State of Michigan. * A true and
complete copy of the proposed ordinance can be inspected or obtained
at the Office of the Allen Park City Clerk or on the City’s website at
www.cityofallenpark.org.
MICHAEL I. MIZZI, CITY CLERK
Published March 10, 2019