(A) Definitions. The statutory definitions of the following words, as set forth in I.C. 22-11-14, as may be amended, are adopted for purposes of this section.
CONSUMER FIREWORK. A small firework that is designed primarily to produce visible or audible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling and expelling charges consisting of a
mixture of charcoal, sulfur, and potassium nitrate are not considered to be designed to produce an audible effect.
(a) CONSUMER FIREWORKS include:
1. Aerial devices, including, but are not limited to, sky rockets, missile-type rockets, helicopter and aerial spinners, Roman candles, mines, and shells;
2. Ground audible devices, including, but are not limited to, firecrackers, salutes, and chasers;
3. Firework devices containing combinations of effects described in divisions 1. and 2.
(b) CONSUMER FIREWORKS do not include the following fireworks as referenced in I.C. 22-11-14-8(a):
1. Dipped sticks or wire sparklers. However, the total pyrotechnic composition may not exceed 100 grams per item; and, devices containing chlorate or per chlorate salts may not exceed five grams per item;
2. Cylindrical fountains;
3. Cone fountains;
4. Illuminating torches;
5. Wheels;
6. Ground spinners;
7. Flitter sparklers;
8. Snakes or glow worms;
9. Smoke devices; and
10. Trick noisemakers that include party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms.
FIREWORK. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. FIREWORKS consist of consumer fireworks, items referenced in I.C. 22-11-14-8(a), and special fireworks. The following items are excluded from the definition of FIREWORKS:
(a) Model rockets;
(b) Toy pistol caps;
(c) Emergency signal flares;
(d) Matches;
(e) Fixed ammunition for firearms;
(f) Ammunition components intended for use in firearms, muzzle-loading cannons, or small arms;
(g) Shells, cartridges, and primers for use in firearms, muzzle-loading cannons, or small arms;
(h) Indoor, pyrotechnics, special effects material;
(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
PERSON. An individual, an association, an organization, a limited liability company, or a corporation.
(B) Use of consumer fireworks prohibited. Except as expressly permitted in division (C) of this section, no person within the corporate limits of the town shall use, ignite, or discharge or permit the use, ignition, or discharge any type of consumer firework at any time.
(C) Exceptions. Notwithstanding any provisions of this section, consumer fireworks may be used, ignited, and discharged within the corporate limits of the town, in strict compliance with all applicable provisions of I.C. 22-11-14:
(1) Between the hours of 5:00 p.m. and two hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, and July 9;
(2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(D) Additional restrictions. During those exceptional times, when consumer fireworks may be used, ignited, and discharged within the corporate limits of the town, as prescribed in division (C) of this section, the following restrictions apply:
(1) No person may ignite, discharge, or use consumer fireworks at a site other than:
(a) A special discharge location;
(b) The property of the person; or
(c) The property of another who has given permission to use the consumer fireworks.
(2) No person less than 18 years of age may possess or use a firework unless an adult is present and responsible at the location of the possession.
(D) Enforcement. The Town Marshal and Police Officers shall be charged with enforcing the provisions of this section.
(Ord. 2023-5, passed 11-14-2023) Penalty, see § 131.99