(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORKS.
(a) 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, 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 and audible effect. Consumer fireworks include:
1. Aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
2. Ground audible devices, which include, but are not limited to, firecrackers, salutes, and chasers; and
3. Firework devices containing combinations of the effects described in divisions (a)1. and (a)2. above.
(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.
(B) No person within the corporate boundaries of the town shall use, ignite, or discharge or permit to be used, ignited, or discharged any type of consumer fireworks on any day or time other than the following:
(1) July 4 between the hours of 10:00 a.m. and midnight; and
(2) If there is inclement weather, fireworks will be permitted the following day between the hours of 10:00 a.m. and midnight. The Town Council may grant a special permit for exceptions. This exception will be an individual request and will be brought in front of the Town Council for approval.
(C) Without the express written consent of the owner, no person may use, ignite, or discharge or permit to be used, ignited, or discharged any consumer fireworks within the town in or on any:
(1) Park;
(2) Playground;
(3) School property;
(4) Church property; or
(5) Parking lot.
(D) No person may use, ignite, or discharge or permit to be used, ignited, or discharged any consumer fireworks within the town upon any public street, alley, or sidewalk without the prior consent of the town.
(E) No person within the town may use, ignite, or discharge or permit to be used, ignited, or discharged any fireworks other than consumer fireworks except in accordance with I.C. 22-11-14-2.
(Ord. passed - -2010) Penalty, see § 91.999