City Regulations
§ 92.09 PYROTECHNICS.
(A) Definition. The word PYROTECHNICS, whenever used in this code, means a device made from explosive or flammable compositions used primarily for the purpose of producing a visible display or audible effect, by combustion, deflagration or detonation, and shall include any squib, rocket, firecracker, roman candle, fire balloon, hydrogen filled balloon, signal lights, railroad track torpedo, fireworks or other device or composition used to obtain visible or audible display or effect.
(B) Prohibited. No person, firm, copartnership, or corporation shall have, keep, store, use, explode or cause to explode, manufacture, sell, expose for sale, handle, give, furnish, or transport any pyrotechnics within the City except as provided:
(1) That the items described in the following exclusive list are deemed exempt from this section:
(a) Signaling devices for current daily consumption by railroads, water craft, and others required to use them by law.
(b) Flat paper caps containing not more than twenty-five hundredths (0.25) of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
(c) Toy pistols, toy cannons, toy canes, and toy guns of a type approved by the Director of the Department of State Police in which paper caps as described in subsection (b) are used and which are so constructed that the hand cannot come in contact with the cap when in place for the explosion and which are not designed to break apart or be separated so as to form a missile by the explosion.
(d) Sparklers containing not more than one hundred twenty-five thousandths (.0125) pounds of burning portion per sparkler.
(e) Filter sparklers in paper tubes not exceeding one-eighth () inch in diameter; cone fountains not exceeding fifty (50) grams of pyrotechnic composition and which do not emit either an audible report or send a projectile into the air; and cylinder fountains containing not more than seventy-five (75) grams of pyrotechnic composition and having an inside diameter not greater than three-fourths (¾) inch (nineteen (19) mm) and which do not either emit an audible report or send a projectile into the air.
(f) Wheels or pyrotechnic devices which spin or twirl are not exempt pyrotechnics under this section and are neither considered a cone nor cylinder fountain.
(g) Toy snakes not containing mercury, if packed in cardboard boxes with not more than twelve (12) pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed thereon; and toy smoke devices which neither burst nor produce external flame (excluding the fuse and first fire upon ignition) during normal operations.
(h) Possession, transportation, sale, or use of signal flares of a type approved by the Director of the Department of State Police, blank cartridges or blank cartridge pistols specifically for a show or theater, for the training or exhibiting of dogs, for signal purposes in athletic sports, and for the use by military organizations.
(2) That the City Council may issue a written permit to a properly qualified person for giving a pyrotechnic display/show in a suitable open place. The permits shall be on forms provided by the Director of the Michigan State Police. Permits so issued shall impose such restrictions as may be necessary to properly safeguard life and property. Before any such permit is issued, the applicant therefor shall furnish a bond or insurance deemed adequate by the Council, which bond or insurance shall become available in the payment of any damages to public or private property and the payment for any personal injuries resulting from said pyrotechnic display.
(`38 Gen'l Code, Ch. 2, § 501) (Ord. D-9, passed 1-2-40, effective 1-15-40; Am. Ord. D-1345, passed 6-9-80, effective 6-9-80; Am. Ord. D-1716, passed 5-16-94, effective 5-26-94)