Trenton City Hall: 2800 Third St. Trenton, MI 48183 | Phone: (734) 675-6500 Fax: (734) 675-4088

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CITY OF TRENTON ORDINANCE NO. 799

AN ORDINANCE TO AMEND SECTION 362 OF THE CITY CODE, ENTITLTED: SALE, POSSESSION, TRANSPORTATION AND USE PROHIBITED; CHAPTER 42 ENTITLED "FIRE PREVENTION AND PROTECTION", ARTICLE 5 ENTITLED "FIREWORKS".

SECTION 1. FIREWORKS

Sec. 42-362. Sale, possession, transportation and used prohibited.

(a) A person shall not ignite, discharge or use consumer fireworks, as such term is defined in this Ordinance, except in accordance with State Law as provided herein for the use of consumer fireworks:

(1) December 31 until 1:00 a.m. New Year's Day, January 1.

(2) Saturday and Sunday immediately preceding Memorial Day, until 11:45 p.m. each of those days.

(3) June 29 thru July 4, Independence Day until 11:45 p.m. on each of those days, but not between midnight and 8:00 a.m.; and July 5 until 11:45 p.m. if July 4 falls on Friday or Saturday.

(4) Saturday and Sunday immediately preceding Labor Day, until 11:45 p.m. on each of those days, but not between midnight and 8:00 a.m.

(b) 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. Except as otherwise provided in this subsection, 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.

(c) Consumer fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substance or a combination of both.

(d) Low-Impact fireworks shall not be ignited, discharged or used by a person under the influence of alcoholic liquor or controlled substance or a combination of both.

(e) Unmanned Free-Floating Devices. Any unmanned free-floating device (sky lantern) which requires fire underneath to propel it and is not moored to the ground while aloft, have an uncontrolled and unpredictable flight path and descent area so as to pose a potential fire risk and are therefore prohibited.

(f) Unless otherwise provided in (b) above, if a person knowingly, intentionally, or recklessly violates this Ordinance, the person is guilty of a misdemeanor as follows:

(1) Except as otherwise provided in (2) below, a misdemeanor punishable by imprisonment for not more than 30 days or a fine of not more than $500.00, or both.

(2) If the violation causes damage to the property of another person, a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

SECTION 2. Savings Clause. Nothing in this Ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.

SECTION 3. Severability. Should any word, sentence, phrase or any portion of this Ordinance be held in a manner invalid by any court of competent jurisdiction or by any state agency having authority to do so for any reason whatsoever, such holdings shall be construed and limited to such work, sentence, phrase or any portion of the Ordinance held to be so invalid shall not be construed as affecting the validity of any of the remaining words, sentences, phrases or portions of this Ordinance.

SECTION 4. Conflicting Ordinances. All prior existing ordinances adopted by the City of Trenton inconsistent or in conflict with the provisions of this Ordinance are, to the extent of such conflict or inconsistency, hereby expressly repealed.

SECTION 5. Readings. This Ordinance shall be given a first reading on June 3, 2019, shall be enacted on June 17, 2019, and shall be published on or before June 24, 2019, and shall be effective June 25, 2019.

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 17th day of June, 2019.

Kyle F. Stack, Mayor

Eric J. Hoshaw, Deputy City Clerk


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