(A) The use, discharge or ignition of consumer fireworks by any person or entity is prohibited in the corporate limits of the Incorporated Town of North Judson except during the following periods:
(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, and July 9;
(2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(B) Consumer fireworks may be used within the corporate limits of the Incorporated Town of North Judson only under the provisions of this subchapter.
(1) For the purposes of this section, the term CONSUMER FIREWORKS 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 C.F.R. part 1507.
(2) The term also includes some small devices designed to produce an audible effect, such as composition, and aerial devices containing 50 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.
(3) 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 (B)(2)(a) and (B)(2)(b) above.
(4) CONSUMER FIREWORKS do not include:
(a) Dipped sticks or wire sparklers; however, total 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;
(b) Cylindrical fountains;
(c) Cone fountains;
(d) Illuminating torches;
(e) Wheels;
(f) Ground spinners;
(g) Flitter sparklers;
(h) Snakes or glow worms;
(i) Smoke devices; or
(j) Trick noisemakers, which include party poppers, booby traps, snappers, trick matches, cigarette loads, and auto burglar alarms.
(C) The use, discharge or ignition of all other fireworks are governed by state statute. No person may use, ignite or discharge consumer fireworks on any public street or in any public park within the corporate limits of the Incorporated Town of North Judson at any time.
(Ord. 2008-13, passed 10-6-2008) Penalty, see § 10.99