The new state law includes the following general provisions that provide distinct limitations regarding the actual use of the fireworks:
a. Age Requirement. Consumer Fireworks and Section 8(a) Fireworks shall not be purchased by persons under eighteen (18) years of age.
b. Possession by Minors. Children shall only possess or use any kind of fireworks when an adult is present.
c. Location of Use. Consumer fireworks shall exclusively be used on:
1. the user's property; or
2. the property of someone who has consented to the use of fireworks on the property; or
3. a location authorized by special permit as a special discharge location, that is defined as a place designated for the discharge of consumer fireworks under policies of the State Fire Marshal in effect until the Fire Prevention and Building Safety Commission adopts rules, as amended from time to time.
d. Exemptions. This ordinance shall not be construed to prohibit the use of fireworks by railroads or other transportation agencies, the sale or use of blank cartridges for a show, ceremonial purpose, use by military organizations, the intrastate sale of fireworks not approved for sale in Indiana between interstate wholesalers, use of indoor pyrotechnics special effects material and the possession, sale or disposal of fireworks incidental to the public display of authorized Class B fireworks.
e. Time of Use. A person may utilize Consumer Fireworks and Section 6-66(a) Fireworks on the following specific days, and no other, without a special permit as follows:
1. between 5:00 p.m. and two (2) 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.
f. Special Permit. A person seeking to discharge fireworks, except as permitted in subsection (e) above, must apply for and obtain a special permit as provided herein.
(Ord. No. 1672, § 1, 6-14-06; Ord. No. 1706, § 1, 5-23-07)