(A) Consumer fireworks. Legal consumer fireworks, as defined by I.C. 22-11-14-1, may be used, ignited or discharged within Lebanon only during the following dates and times:
(1) Between the hours of 12:00 a.m. and 1:00 a.m. on January 1;
(2) Between the hours of 10:00 a.m. and 11:59 pm on the eve of the first day of the Chinese New Year, the date varies annually between January 21 and February 20;
(3) Between the hours of 12:00 a.m. and 1:00 a.m. the first day of the Chinese New Year, date varies annually between January 2l and February 20;
(4) Between the hours of 5:00 p.m. and 11:00 p.m. on President's Day, which is celebrated the third Monday in February;
(5) Between the hours of 10:00 a.m. and 11:00 p.m. on any day in which the official Indianapolis 500 race is held, typically, the Sunday before Memorial Day;
(6) Between the hours of 5:00 p.m. and 11:00 p.m. on Memorial Day;
(7) Between the hours of 5:00 p.m. and 11:00 p.m. or two hours after sunset, in the event sunset is later than 9:00 p.m. on dates June 20 through July 3 and July 5 through 9;
(8) Between the hours of 10:00 a.m. and 12:00 midnight on July 4;
(9) Between the hours of 5:00 p.m. and 11:00 p.m. on the two days immediately prior to Labor Day;
(10) Between the hours of 5:00 p.m. and 11:00 p.m. on Labor Day, which is celebrated the first Monday in September;
(11) Between the hours of 5:00 p.m. and 11:00 p.m. on the third day of Diwali, the date varies annually between the end of October and early November;
(12) Between the hours of 5:00 p.m. and 11:00 p.m. on December 24 and 25;
(13) Between the hours of 10:00 a.m. and 11:59 p.m. on December 31; and
(14) On any other day designated by the Board of Public Works and Safety for public fireworks display, between the hours of 2:00 p.m. on such day and 11:59 p.m. on such a day.
(B) Location and debris. Consumer fireworks may be used, ignited, or discharged during the permitted times set forth above only on the users' own property, with the permission of the property owner, or at special discharge locations designated by the State Fire Marshal or Lebanon Fire Chief. No person may use, ignite, or discharge fireworks on any public street or public property, including but not limited to parks, without the written permission of the State Fire Marshal or Lebanon Fire Chief. Users shall be responsible for cleaning and the proper disposal of all debris resulting from the discharge of consumer fireworks. It is a violation of this section if fireworks land upon property owned or occupied by another person from which permission was not obtained, or upon public streets or property, and which fireworks and/or all related debris is not removed by the user within 24 hours of such use or discharge. Notwithstanding the foregoing, nothing in this section shall be interpreted to grant permission to any person to discharge, place, or land debris on property occupied or owned by another, and the 24-hour removal period required by this section shall not relieve any such user of any applicable civil liability, including but not limited to a cause of action for trespass or nuisance.
(C) Special permits. Applications for a permit for relief from the regulations contained in this section must be made in writing to the Mayor of Lebanon and subsequently reviewed and either approved or denied by the Board of Public Works and Safety. Any permit granted by the Board of Public Works and Safety must be in writing and shall contain all conditions upon which said permit shall be effective. In granting any such permit, the Board of Public Works and Safety, may prescribe any reasonable conditions or requirements they deem necessary to minimize adverse effects upon the community or the surrounding neighborhood.
(Ord. 2018-10, passed 7-23-2018) Penalty, see §
130.99