(A) The use of consumer fireworks within the municipal limits of the town is prohibited at all times except:
(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, July 9;
(2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4;
(3) Between the hours of 5:00 p.m. and two hours after sunset on the Friday, Saturday and Sunday immediately before Memorial Day through 11:00 p.m. on Memorial Day;
(4) Between the hours of 5:00 p.m. and two hours after sunset on the Friday, Saturday, and Sunday immediately before Labor Day through 11:00 p.m. on Labor Day; and
(5) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(B) 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 CFR § 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.
(1) Consumer fireworks include:
(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
(b) Ground audible devices, which include firecrackers, salutes, and chasers; and
(c) Firework devices containing combinations of the effects described in divisions (a) and (b).
(2) Consumer fireworks do not include the items referenced in IC 22-11-14-8(a).
(C) Notwithstanding division (A), the Town Council President may prohibit the use of consumer fireworks during the period of a declared local disaster emergency.
(D) Any local disaster emergency declared by the Town Council President may not be continued or renewed for more than seven days except by or with the consent of the Town Council.
(E) Any declaration of a local disaster emergency shall be given prompt and general publicity and filed in the Clerk-Treasurer’ s office.
(F) A person who violates this section shall be subject to a fine of not more than $2,500.
(Ord. 2012-G-10, passed 8-6-12)