(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORK.
(a) 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. part 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.
(b) CONSUMER FIREWORKS 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 two or more of the effects described divisions (a)1. and (a)2. above.
(c) CONSUMER FIREWORKS do not include items referenced in I.C. 22-11-14-8(a).
FIREWORK. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. FIREWORKS consist of common fireworks 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; and
(h) Indoor pyrotechnics special effects material.
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 common fireworks.
(I.C. 22-11-14-1)
(B) In case of any public celebration the Town Council shall have the right to grant any person or organization the right to fire or explode bombs, sky- rockets, Roman candles or other fireworks under those conditions the Fire Chief may deem safe and proper and with local and state permits.
(C) (1) The Council shall require a certificate of insurance conditioned for the payment of all damages which may be caused either to a person or persons in an amount of not less than $10,000, and to property in an amount of not less than $10,000, by reason of a licensed display, and arising from any acts of the licensee, his or her agents, employees or subcontractors.
(2) However, the Council may in its discretion require additional amounts of insurance coverage not to exceed $100,000 for damages caused to a person or persons or $100,000 for damage to property.
(I.C. 22-11-14-3)
(Prior Code, § 32.13) (Ord. 1-1937, passed 1-5-1937) Penalty, see § 10.99
Statutory reference:
Sale of fireworks and manner of use, see I.C. 22-11-14-1 et seq.