(A) Use, discharge or ignition prohibited.
(1) The use, discharge or ignition of consumer fireworks by any person or other entity is prohibited in Liberty, Indiana, except during the following periods ( all local time):
(a) Between the hours of 5:00 p.m. and two hours after sunset on June 29, 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8 and July 9;
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(2) For purposes of this section, CONSUMER FIREWORK shall have the same definition of “consumer firework” as set forth in I.C. 22-11-14-1, as currently in effect or as from time to time hereafter adopted or amended. For purposes of clarity in reading and implementing this section, the definition of “consumer firework” under I.C. 22-11-14-1, as currently in force and effect, is herewith set forth in division (A)(3) though changes or amendments to such definition as set forth within I.C. 22-11-14-1 shall supersede the definition as set forth within I.C. 22-11-14-1 shall supersede the definition herein reproduced.
(3) (a) CONSUMER FIREWORK means 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 devised designed to produce an audible effect, such as whistling devise, 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 devises, 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 the effects described in division (A)(3)(b)(1) and (2).
(c) CONSUMER FIREWORKS do not include:
1. Dipped sticks or wire sparklers. Totally pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item;
2. Cylindrical fountains;
3. Cone fountains;
4. Illuminating torches;
5. Wheels;
6. Ground spinners;
7. Flitter sparkers;
8. Snakes or glow works;
9. Smoke devices; and
10. Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms.
(4) The use, discharge or ignition of all other fireworks, as “fireworks” is defined in I.C. 22-11-14-1 and is governed by applicable Indiana law, to include I.C. 22-11-14-1 et seq., and is not defined by this section.
(B) Permits.
(1) Notwithstanding division (A) above, the use, discharge or ignition of consumer fireworks may be permitted with the written approval of the Town Board. The approval shall specify the real estate upon which the use, discharge or ignition will be permitted and the date(s) and time(s) on which the use, discharge or ignition will be permitted.
(2) An application must also be approved by the Chief of the Liberty Fire Department.
(3) Approvals shall be granted with due respect for other residents in the town.
(C) Enforcement. This section shall be enforced consistent with the standards of applicable Indiana law and the Town Code may be amended from time to time hereafter.
(Ord. passed 2-3-1938; Am. Ord. 2012-7, passed 7-23-2012) Penalty, see § 91.99