City Ordinance Chapter 030 - Fire Prevention and Protection

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                                       FIRE PREVENTION AND PROTECTION                                      § 30-304

Sec. 30-221. Extinguishment order.                          ascribed to them in this section, except where
                                                            the context clearly indicates a different meaning.
   The city fire department or police department
                                                            Any terms not specifically defined herein shall
may order the extinguishment of a recreational
                                                            have the meanings attributed to them in Act
fire or open burning for the following reasons:
  (1)   High winds.
                                                              Act 256 means the Michigan Fireworks Safety
  (2)   Burning prohibited materials.
                                                            Act, Public Act No. 256 of 2011 (MCL 28.541 et
  (3)   Citizen complaint (including health                 seq.)
        concerns from smoke).
                                                              Consumer fireworks means the Michigan
  (4)   Unattended fire.
                                                            Fireworks Safety Act, Public Act No. 256 of 2011
  (5)   Potential safety concerns as determined             (MCL 28.541 et seq.)
        by the city fire or police department.
(Ord. No. 2255, § 30-221, 12-9-2008; Ord. No.                 Firework or fireworks means the Michigan
2320, § 30-221, 4-22-2014)                                  Fireworks Safety Act, Public Act No. 256 of 2011
                                                            (MCL 28.541 et seq.)
Sec. 30-222. Refusal to comply                    with      (Ord. No. 2323, 6-10-2014)
             extinguishment order.
   If a person refuses to comply with an order              Sec. 30-303. Use of consumer fireworks
issued by the fire and/or police department to                           prohibited.
extinguish a fire, the fire will be extinguished by
the fire department and issue a citation for a                 It shall be unlawful for any person to ignite,
municipal civil infraction to the person refusing           discharge, and use consumer fireworks except on
to comply with the order.                                   the following days after 11:00 a.m.:
(Ord. No. 2255, § 30-222, 12-9-2008; Ord. No.
                                                                (1)   December 31 until 1:00 a.m. on January
2320, §§ 30-222, 30-223, 4-22-2014)
Secs. 30-223—30-300. Reserved.                                  (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
Sec. 30-301. Purpose of article.                                      each of those days;
  The purpose of this article is to provide for the             (4)   July 5, if that date is a Friday or Saturday,
regulation of the ignition, discharge and use of                      until 11:45 p.m.; and
consumer fireworks, as allowed under the
Michigan Fireworks Safety Act, Public Act No.                   (5)The Saturday and Sunday immediately
256 of 2011 (MCL 28.541 et seq.)                                   preceding Labor Day until 11:45 p.m. on
(Ord. No. 2323, 6-10-2014)                                         each of those days.
                                                            (Ord. No. 2323, 6-10-2014; Ord. No. 2407, § 1,
Sec. 30-302. Definitions.                                   5-14-2019)
  The following words, terms and phrases, when
used in this article, shall have the meanings               Sec. 30-304. Safety.
   *Editor’s note—Ord. No. 2323, adopted June 10, 2014,        No person shall recklessly endanger the life,
amended Art. V in its entirety to read as herein set out.
Former Art. V, §§ 30-301—30-306, pertained to similar
                                                            health, safety, or well-being of any person by the
subject matter and derived from Ord. No. 2314, §§ 54-301—   ignition, discharge, or use of consumer fireworks.
54-306, 8-13-2013.                                          (Ord. No. 2323, 6-10-2014)

Supp. No. 8                                            CD30:7
§ 30-305                                  MUSKEGON CITY CODE

Sec. 30-305. Use of alcohol or controlled
             substances and fireworks
   No person shall discharge, ignite or use
fireworks while under the influence of alcoholic
liquor, a controlled substance, or a combination
of alcoholic liquor and a controlled substance,
consistent with Act 256.
(Ord. No. 2323, 6-10-2014)

Sec. 30-306. Permissible locations.
  A person shall not ignite, discharge, or use
consumer fireworks 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 at that time.
(Ord. No. 2323, 6-10-2014)

Sec. 30-307. Sale to minors prohibited.
  Consumer fireworks shall not be sold to a
minor. The age requirement shall be verified by
checking a driver's license or another form of
acceptable identification pursuant to Act 256.
(Ord. No. 2323, 6-10-2014)

Sec. 30-308. Penalty.
   (1) A violation of section 30-303 shall result
in a civil fine of $1,000.00 for each violation and
no other fine or sanction as provided for in MCL
28.457(3). The first $500.00 of the fine collected
under this section shall be remitted to the City of
Muskegon Police Department as provided for in
MCL 28.457(3).
   (2) Except as provided in subsection (1) of this
section, a violation of article V of this chapter
shall be responsible for a municipal civil infrac-
tion. Fines and penalties stated within Public
Act 256 of 2011 (MCL 28.541 et seq.) may be
(Ord. No. 2323, 6-10-2014; Ord. No. 2407, § 1,

Supp. No. 8                                      CD30:8

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