Title 16 Fireworks
Chapter 16.01 Regulating the Use of Fireworks
16.01.010 Introduction
The following is the ordinance regulating the use of fireworks within the exterior boundaries of the Bad River Reservation.
16.01.020 Purpose
The Bad River Band seeks to limit the noise and disruption caused by the indiscriminate use of fireworks at inappropriate times.
16.01.030 Scope
The ordinance applies to all tribally controlled lands within the exterior boundaries of the Bad River Reservation.
16.01.040 Authority
This ordinance is enacted pursuant to Article VI, Section 1(q) of the Constitution and Bylaws of the Bad River Band of the Lake Superior Tribe of Chippewa Indians.
16.01.050 Severability
If any portion of this ordinance is found to be invalid for any reason, the remaining portions of this ordinance shall remain in effect.
16.01.060 Definitions
(a) In this chapter, "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include any of the following:
(1) Fuel or a lubricant.
(2) A firearm cartridge or shotgun shell.
(3) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, water craft or motor vehicle.
(4) A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
(5) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.
(6) A toy snake which contains no mercury.
(7) A model rocket engine.
(8) Tobacco and a tobacco product.
(9) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.
(10) A device designed to spray out paper confetti or streamers and which contains less than one-quarter grain of explosive mixture.
(11) A fuseless device that is designed to produce audible or visible effects or audible and visible effects, and that contains less than one-quarter grain of explosive mixture.
(12) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.
(13) A cylindrical fountain that consists of one or more tubes and that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.
(14) A cone fountain that is classified by the federal department of transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.
16.01.070 Authorized Days and Hours of the Use of Fireworks
Under this chapter the Tribal Council shall establish days and hours which authorize or prohibit the use of fireworks on the Bad River Reservation.
16.01.080 Retail and Wholesale Sale of Fireworks
Reserved
16.01.090 Age Limit for Purchase, Sale and Possession of Fireworks
Reserved
16.01.100 Penalties
Violation of this ordinance shall carry a forfeiture of not more than $50.00 for the first offense; $100.00 for the Second offense within 3 years of the first offense; and $500.00 per incident, for three or more offenses within 3 years of the first offense. Violators are also subject to immediate confiscation of all fireworks in the immediate possession of the violator or violators.
16.01.110 Jurisdiction
The Bad River Tribal Court shall have exclusive jurisdiction over violations and disposition of matters arising from this ordinance.