For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“CONSUMER FIREWORKS.” Includes small fireworks that are defined as 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 of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Aerial devices, may include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines and shells. Ground audible devices, which include firecrackers, salutes, and chasers. Devices containing combinations of the effects described as aerial devices and ground audible devices are also includable as CONSUMER FIREWORKS.
“FIREWORKS EXCLUSIONS.” The following items are excluded in the definition of fireworks: model rockets, toy pistol caps, emergency signal flares, matches, fixed ammunition for firearms, ammunition components intended for use in firearms, muzzle loading cannons, or small arms, shells, cartridges and primers for use in firearms, muzzle loading cannons, or small arms, indoor pyrotechnics special effects material, M-80's, cherry bombs, silver salutes, and any device banned by the federal government.
“SECTION 8(a) FIREWORKS.” Includes dipped sticks, wire sparklers, cylindrical fountains, cone fountains, illuminating torches, wheels, ground spinner, flitter sparklers, snakes or glow worms, smoke devices, trick noisemakers such as party poppers, booby traps, snappers and trick matches, cigarette loads and auto burglar alarms.
“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. A person may not possess, transport, or deliver special fireworks, except as authorized under IC 22-11-14-2.
(Ord. 1007, passed 6-19-07)
(A) The owner, occupant, or agent of an organization, business or group that uses any type of fireworks or pyrotechnic special effects materials used indoor or outdoor, shall apply for a special permit issued by the Town Council at least 14 calendar days prior to the use of the fireworks or pyrotechnical devices. This permit shall be in addition to any other permits required by federal or state agencies. The permit must be made available upon request of the Fire Chief or his designee.
(B) The storage, use and handling of fireworks and pyrotechnics special effects shall be in accordance with Indiana Fire Code (675 Indiana Administrative Code 22), Article 76 and IC 22-11-14 et seq., and current edition of National Fire Protection Association standards for fireworks.
(C) An applicant shall pay a fee of $100 when submitting the special permit application.
(D) The special permit application must be approved and signed by the Town Council and contain the following information to be valid:
(1) Name, address and phone number of the individual person or company doing the production or display;
(2) Name and qualifications of the individual person or operator doing the production or display;
(3) Contact name, address and phone for whom the production or display is being performed;
(4) A detailed location where the display shall take place;
(5) Date and time of the display;
(6) Estimated number of fireworks or pyrotechnical devices to be used and length of show; and
(7) A copy of a valid certificate of insurance conditioned for damages and/or injury to persons or property for said event in the amount of not less than $1,000,000 shall be attached to and submitted with each application for and shall become part of the special permit.
(E) The above fees or requirements may be waived by the Town Council for any public fireworks display sponsored by any state or local governmental agency.
(Ord. 1007, passed 6-19-07)
The new state law includes the following general provisions that provide distinct limitations regarding the actual use of the fireworks:
(A) Age requirement. Consumer fireworks and Section 8(a) fireworks shall not be purchased by persons under 18 years of age.
(B) Possession by minors. Children shall only possess or use any kind of fireworks when an adult is present.
(C) Location of use. Consumer fireworks shall exclusively be used on:
(1) The user’s property; or
(2) The property of someone who has consented to the use of fireworks on the property; or
(3) A location authorized by special permit as a special discharge location, that is defined as a place designated for the discharge of consumer fireworks under policies of the State Fire Marshal in effect until the Fire Prevention and Building Safety Commission adopts rules, as amended from time to time.
(D) Exemptions. This chapter shall not be construed to prohibit the use of fireworks by railroads or other transportation agencies, the sale or use of blank cartridges for a show, ceremonial purpose, use by military organizations, the intrastate sale of fireworks not approved for sale in Indiana between interstate wholesalers, use of indoor pyrotechnics special effects material and the possession, sale or disposal of fireworks incidental to the public display of authorized Class B fireworks.
(E) Time of use. A person may utilize consumer fireworks and Section 6-66(a) fireworks on the following specific days, and no other, without a special permit as follows:
(1) Between 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.
(F) Special permit. A person seeking to discharge fireworks, except as permitted in division (E) above, must apply for and obtain a special permit as provided herein.
(Ord. 1007, passed 6-19-07)
It shall be unlawful for a manufacturer, wholesaler, importer, or distributor to sell at wholesale, offer to sell at wholesale, or ship or cause to be shipped into the town fireworks, novelties, or trick noisemakers unless they hold a valid certificate of compliance issued by the Indiana State Fire Marshal. This provision applies to nonresidents and residents of the State of Indiana.
(Ord. 1007, passed 6-19-07)
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