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§ 92.22 RESTRICTIONS ON CONSUMER FIREWORKS.
   The use of consumer fireworks, as that term is defined within IC 22-11-14-10.5 is restricted as follows:
   (A)   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.
   (B)   Between the hours of 10:00 a.m. and 12:00 midnight July 4;
   (C)   Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. January 1.
   (D)   Between the hours of 5:00 p.m. and two hours after sunset by a person celebrating that person's birthday, anniversary, or graduation from secondary or post secondary school, or the birthday, anniversary or graduation from secondary or post-secondary school of a person within the person's immediate family.
(Ord. 2008-13, passed 11-24-08)
§ 92.23 SALE OR DISTRIBUTION OF CONSUMER FIREWORKS.
   (A)    It shall be unlawful for any person, firm or corporation to sell or otherwise distribute any consumer fireworks within the City of Union City unless the following conditions are met:
      (1)   The retailer complies with all requirements of IC 22-11-14-4.5, 22-11-14-7 and 22-11-14-11, including the obtaining of a valid certificate of compliance.
      (2)   The retailer obtains a valid permit from the City of Union City authorizing that retailer to sell fireworks.
   (B)   Permits issued under this section shall be valid for one year. The City of Union City shall prepare application forms and establish the process fee for obtaining the permit. A fee of $5 shall be collected to reimburse the city for the administrative costs of the permit application. As part of the application, the retailer and the owner of the property where the fireworks are to be sold shall consent to inspection of the property by the Union City Police and/or Fire Department to insure that the property meets the essential criteria for a retail outlet where fireworks are sold.
(Ord. 2008-13, passed 11-24-08)
OPEN BURNING
§ 92.30 OPEN BURNING PROHIBITED; EXCEPTIONS.
   (A)    It shall be unlawful for any person, firm or corporation to burn garbage, weeds, leaves, wood, paper, or any other material outdoors within the city, unless the burning is done in an incinerator approved by the Board of Public Works and Safety and is in compliance with state laws, state administrative codes, and the ordinances of the city except for the following:
      (1)   School pep rallies;
      (2)   Scouting activities; or
      (3)   Cooking fires.
   (B)   All exceptions to the provisions set out in division (A) prohibiting open burning shall be subject to the following conditions:
      (1)   Fires must be attended at all times;
      (2)   Fires must be completely extinguished before left unattended;
      (3)   Only wood products may be burned unless otherwise approved by the Fire Chief or his designee;
      (4)   All such fires must be kept a reasonable distance from structures, vehicles or other combustible materials.
   (C)   If the Fire Chief or his designee determines that a fire authorized in division (A) above constitutes a fire hazard, a pollution problem or a risk to public safety, he may order the fire to be extinguished.
   (D)   The Fire Chief or his designee may order a ban on all outdoor fires as well as the maintenance or operation of any devices or objects which produce spark or flame during any period in which the Fire Chief or his designee determines that there is an increased risk of fire as the result of drought, limited water supply or other circumstances.
(Ord 92-1, passed 2-24-92)
§ 92.99 PENALTY.
   (A)   Except as otherwise provided in division (B) of this section, any person who:
      (1)   Violates or fails to comply with any provisions of this code;
      (2)   Violates or fails to comply with any order made and authorized by this code;
      (3)   Builds or maintains any structure or premises in violation of this code or a detailed statement of specifications or plans submitted and approved hereunder or any certificate or permit issued hereunder or any certificate or permit issued hereunder and from which no appeal has been takes; or
      (4)   Fails to comply with an order as affirmed or modified by the Fire Chief or his designee or by a Court of competent jurisdiction within the time fixed herein; shall be subject to a fine or not less than $25 and not more than $500 for each and every violation. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Any person, firm or corporation who is required to correct or remedy a violation or defect shall have a reasonable time to do so. However, each daily violation of this section shall constitute a separate offense.
   (B)   Any person using consumer fireworks other than as set forth within §§ 92.22 and 92.23 of this chapter, commits a violation and may be fined not less than $100, and not more than $1,000. Any person, firm or corporation convicted of violating the provisions set out within §§ 92.22 and 92.23 by not having a valid permit for the sale of fireworks shall be punished by a fine in an amount of $1,000 per occurrence with each day of noncompliance being deemed a separate offense.
(Ord 92-1, passed 2-24-92; Am. Ord. 2008-13, passed 11-24-08)