(A) Definitions. For purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
“AUTO BURGLAR ALARM.” A tube that contains pyrotechnic composition that produces a loud whistle or smoke when ignited. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report A squib is used to ignite the device.
“BOOBY TRAP.” A small tube with string protruding from both ends, similar to a party popper in design. The ends of the string are pulled to ignite the friction sensitive composition, producing a small report.
“CHASER.” A device, containing 50 milligrams or less of explosive composition, that consists of a small paper or cardboard tube that travels along the ground upon ignition. A whistling effect is often produced, and a small noise may be produced.
“CIGARETTE LOAD.” A small wooden peg that has been coated with a small quantity of explosive composition. Upon ignition of a cigarette containing one of the pegs, a small report is produced.
“CONE FOUNTAIN.” A cardboard or heavy paper cone which contains up to 50 grams of pyrotechnic composition, and which produces the same effect as a cylindrical fountain.
“CONSUMER FIREWORK.” A small firework that is designed primarily to produce visible 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 or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. “CONSUMER FIREWORKS”:
(a) Include:
1. Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
2. Ground audible devices, which include firecrackers, salutes, and chasers; and
3. firework devices containing combinations of the effects described in clauses divisions (a)1. and 2. of this definition; and
(b) Do not include the items referenced in IC 22-11-14-8(a), as amended.
“CYLINDRICAL FOUNTAIN.” A cylindrical tube not exceeding three-quarters (3/4) inch in inside diameter and containing up to 75 grams of pyrotechnic composition. Fountains produce a shower of color and sparks upon ignition, and sometimes a whistling effect. “CYLINDRICAL FOUNTAINS” may contain a spike to be inserted in the ground (spike fountain), a wooden or plastic base to be placed on the ground (base fountain), OF a wooden handle or cardboard handle for items designed to be hand held (handle fountain).
“DIPPED STICK” or “WIRE SPARKLER.” A stick or wire coated with pyrotechnic composition that produces a shower of sparks upon ignition. Total pyrotechnic composition does not exceed 100 grams per item. Those devices containing chlorate or perchlorate salts do not exceed five grams in total composition per item. Wire sparklers that contain no magnesium and that contain less than 100 grams of composition per item are not included in the category of consumer fireworks.
“DISTRIBUTOR.” A person who sells fireworks to wholesalers and retailers for resale.
“EXPLOSIVE COMPOSITION.” A chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.
“FIRECRACKER” or “SALUTE.” A device that consists of a small paper wrapped or cardboard tube containing not more than 50 milligrams of pyrotechnic composition and that produces, upon ignition, noise, accompanied by a flash of light.
“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 IC 22-11-14-8(a), as amended, 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.
“FLITTER SPARKLER.” A narrow paper tube filled with pyrotechnic composition that produces color and sparks upon ignition. These devices do not use a fuse for ignition, but rather are ignited by igniting the paper at one end of the tube.
“GROUND SPINNER.” A small spinning device that is similar to wheels in design and effect when placed on the ground and ignited, and that produces a shower of sparks and color when spinning.
“HELICOPTER” or “AERIAL SPINNER.” A spinning device:
(a) That consists of a tube up to one-half (1/2) inch in inside diameter and that contains up to 20 grams of pyrotechnic composition;
(b) To which some type of propeller or blade device is attached; and
(c) That lifts into the air upon ignition, producing a visible or audible effect at the height of flight.
“ILLUMINATING TORCH.” A cylindrical tube that:
(a) Contains up to 100 grams of pyrotechnic composition;
(b) Produces, upon ignition, a colored fire; and
(c) Is either a spike, base, or handle type device.
“IMPORTER.”:
(a) A person who imports fireworks from a foreign country; or
(b) A person who brings or causes fireworks to be brought within this state for subsequent sale.
“INDOOR PYROTECHNICS SPECIAL EFFECTS MATERIAL.” A chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in National Fire Protection Association Standard 1126 (2001 edition)).
“INTERSTATE WHOLESALER.” A person who is engaged in interstate commerce selling fireworks.
“MANUFACTURER.” A person engaged in the manufacture of fireworks.
“MINE” or “SHELL.” A device that:
(a) Consists of a heavy cardboard or paper tube up to two and one-half inches in inside diameter, to which a wooden or plastic base is attached;
(b) Contains up to 40 grams of pyrotechnic composition; and
(c) Propels, upon ignition, stars (pellets of pressed pyrotechnic composition that burn with bright color), whistles, parachutes, or combinations thereof, with the tube remaining on the ground.
“MISSILE-TYPE ROCKET.” A device that is similar to a sky rocket in size, composition, and effect, and that uses fins rather than a stick for guidance and stability.
“MUNICIPALITY.” Has the meaning set forth in I.C. 36-1-2-11.
“PARTY POPPER.” A small plastic or paper item containing not more than 16 milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.
“PERSON.” An individual, an association, an organization, a limited liability company, or a corporation.
“PYROTECHNIC COMPOSITION.” A mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. “PYROTECHNIC COMPOSITIONS” will not explode upon ignition unless severely confined.
“RESPONDING FIRE DEPARTMENT.” The paid fire department or volunteer fire department that renders fire protection services to a political subdivision.
“RETAIL SALES STAND.” A temporary business site or location where goods are to be sold.
“RETAILER.” A person who purchases fireworks for resale to consumers.
“ROMAN CANDLE.” A device that consists of a heavy paper or cardboard tube not exceeding three-eighths inch in inside diameter and that contains up to 20 grams of pyrotechnic composition. Upon ignition, up to ten stars (pellets of pressed pyrotechnic composition that burn with bright color) are individually expelled at several second intervals.
“SKY ROCKET.” A device that:
(a) consists of a tube that contains pyrotechnic composition;
(b) contains a stick for guidance and stability; and
(c) rises into the air upon ignition, producing a burst of color or noise at the height of flight.
“SMOKE DEVICE.” A tube or sphere containing pyrotechnic composition that produces white or colored smoke upon ignition as the primary effect.
“SNAKE” or “GLOW WORM.” A pressed pellet of pyrotechnic composition that produces a large, snake-like ash upon burning. The ash expands in length as the pellet burns. These devices do not contain mercuric thiocyanate.
“SNAPPER.” A small, paper wrapped item containing a minute quantity of explosive composition coated on small bits of sand. When dropped, the device explodes, producing a small report.
“SPECIAL DISCHARGE LOCATION.” A location designated for the discharge of consumer fireworks by individuals in accordance with rules adopted under IC 22-11-14-3.5, as amended.
“SPECIAL FIREWORKS.” Fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than 130 milligrams of explosive composition, aerial shells containing more than 40 grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks.
“TRICK MATCH.” A kitchen or book match that has been coated with a small quantity of explosive or pyrotechnic composition. Upon ignition of the match, a small report or a shower of sparks is produced.
“TRICK NOISEMAKER.” An item that produces a small report intended to surprise the user.
“WHEEL.” A pyrotechnic device that:
(a) Is attached to a post or tree by means of a nail or string;
(b) Contains up to six driver units (tubes not exceeding one-half inch in inside diameter) containing up to 60 grams of composition per driver unit; and
(c) Revolves, upon ignition, producing a shower of color and sparks and sometimes a whistling effect.
“WHOLESALER.” A person who purchases fireworks for resale to retailers.
(B) Use of consumer fireworks. No person within the corporate boundaries of the city shall use, ignite, or discharge or permit to be used, ignited, or discharged any type of consumer fireworks on any date or time other than the following:
(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;
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1; and
(4) During any “special event” designated by the city.
(C) Enforcement. The city Police Department shall be charged with enforcing the provisions of this section.
(D) Penalties. A person, firm, or corporation violating the terms of this section commits a Class C infraction and shall be fined in the amount of $100.00 for each violation. Violations of this section shall be prosecuted through the City Court.
(Ord. 1495, passed 7-21-08; Am. Ord. 1629, passed 10-3-16; Am. Ord. 1712, passed 8-17-20)