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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORK. A small firework that the designated primarily to produce visible or audible 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. 1507. The term also includes some small devices designated to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling and expelling charges are not considered to be designed to produce an audible effect. CONSUMER FIREWORKS include:
(1) Aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinner, roman candles, mines and shells;
(2) Ground audible devices, which include, but are not limited to, firecrackers, salutes, chasers; and
(3) Firework, devices containing of the effects described in divisions (1) and (2) above.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or
audible effect by combustion, deflagration, or detonation.
FIREWORKS of both common fireworks and special fireworks, including consumer fireworks. The following items are excluded from the definition of FIREWORKS.
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency/signal flares.
(4) Matches.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
(9) M-80s, cherry bombs, silver salutes, and other devices are banned by the federal government.
(Ord. G-08-1179, passed 5-19-08)
(A) No person within the city may use, ignite or discharge or permit to be used, ignited or discharged any type of consumer fireworks on any other day or time or other than the following:
(1) June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, July 9, between the hours of 5:00 p.m. to two hours after sunset;
(2) July 4 between the hours of 10:00 a.m. and 12:00 midnight; and
(3) Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
(B) No person may use, ignite or discharge or permit to be used, ignited or discharged any consumer fireworks within the city in or on any:
(1) Park;
(2) Playground;
(3) School property;
(4) Church property;
(5) Parking lot; or
(6) Personal property
without the express written consent of the owner or tenant.
(Ord. G-08-1179, passed 5-19-08) Penalty, see § 93.99
No person within the city may use, ignite or discharge or permit to be used, ignited or discharged, any fireworks other than consumer fireworks except in accordance with I.C. 22-11-14-2.
(Ord. G-08-1179, passed 5-19-08) Penalty, see § 93.99
(B) The penalties provided by this section shall be owing to the city in addition to any damages, costs or attorney fees which may be found owing to the city or any other person in any civil litigation related to any nuisance described in this chapter.
(Ord. G-08-1179, passed 5-19-08)