(A) No person shall use, ignite, or discharge consumer fireworks on property within the corporate limits of the town, and no person owning or having legal control over the use of a property within the corporate limits of the town shall allow a person to use, ignite, or discharge consumer fireworks on such property, except during the times listed in division (B).
(B) Consumer fireworks may be used, ignited, or discharged within the corporate limits of the town only during the following times:
(1) Between the hours of 10:00 a.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 a.m. on July 4;
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1; and
(4) Between the hours of 10:00 a.m. and 11:00 p.m. on any day not listed above.
(C) With regard to the use of consumer fireworks generally permitted under § 92.22(B)(4) between the hours of 10:00 a.m. and 11:00 p.m. during normal days of the year, the following additional regulations shall apply:
(1) The frequent or habitual use or discharge of any consumer fireworks between the hours of 10:00 a.m. and 11:00 p.m. during normal days of the year as generally permitted under § 92.22(B)(4), is declared to be a nuisance, and it shall be unlawful for any person to conduct such activities constituting such a nuisance, or to allow such activities constituting such a nuisance to be conducted on property the person owns or legally controls within the corporate limits of the town.
(2) The town may seek injunctive relief to prevent such activities in addition to seeking a monetary penalty as set forth herein below.
(3) For purposes of this section, the following definitions shall apply:
(a) FREQUENT. The use of consumer fireworks on the same property during three or more different hours of the day in any 24-hour period.
(b) HABITUAL. The use of consumer fireworks on the same property on more than three calendar days in any seven-day period.
(c) SAME PROPERTY. All of the contiguous real property having the same owner.
(D) No person shall use, ignite, or discharge consumer fireworks on:
(1) Property the person does not own or legally control, unless the person has been given permission to do so by the owner of the property or the person having legal control over the use of the property, or if the property is a designated special discharge location;
(2) Property owned by the town, unless the person has been given permission to do so by the Town Council; and
(3) The pavement of public streets.
(E) Enforcement.
(1) A written warning shall be issued to a person in the case of that person's first violation of any of the provisions of this section.
(2) After the person's first offense resulting in a written warning, any person who violates any of the provisions of this section shall be subject to a fine in the amount of $25 for the second violation, $100 for the third violation, and $250 for the fourth violation. Any subsequent violation shall subject the violator to a fine of up to $500 per violation.
(3) All fines shall be paid to the Clerk-Treasurer of the town at the Whiteland Town Hall within seven days of the town's issuance of the citation, or other notice of violation, to the violator. In the event the applicable fine is not paid within the required time, the town may enforce the provisions of this section through court proceedings.
(4) In addition to any fines and court costs, violators shall reimburse the town for the cost of responding emergency services, if any.
(Ord. 2014-12, passed 2-9-15)