(A) Pursuant to I.C. 22-11-14-10.5 a "fireworks use ordinance" means an ordinance that regulates any of the following:
(1) The days and hours when consumer fireworks may be used, ignited, or discharged.
(2) The locations where consumer fireworks may be used, ignited, or discharged.
(B) Notwithstanding any other provision of this subchapter:
(1) A county may adopt a fireworks use ordinance covering the unincorporated areas of the county; and
(2) A municipality may adopt a fireworks use ordinance covering the area within the corporate limits of the municipality.
(C) A fireworks use ordinance:
(1) May limit the use of fireworks:
(a) In the unincorporated areas of the county if adopted by a county; and
(b) In the municipality if adopted by a municipality;
(2) May not be more lenient than a rule adopted by a state agency concerning the use of fireworks; and
(3) The city specifically permits fireworks use:
(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 on July 4; and
(c) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1 and at other times by special permit.
(D) The power to enforce a noise ordinance by a county or a municipality is not affected by the county's or municipality's action or lack of action under this section.
(Ord. 20-2014, passed 7-28-14) Penalty, see § 93.99