§ 46-90. Consumer fireworks.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Consumer fireworks shall be defined as in IC 22-11-14-1.

(b)

Prohibited with city limits; exceptions. No person may use, ignite, or discharge consumer fireworks within the city limits except during the following times:

(1)

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.

(2)

Between the hours of 10:00 a.m. and 12:00 midnight on July 4.

(3)

Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(c)

Prohibited on public streets, parks, or other public lands. No person may use, ignite, or discharge consumer fireworks on any public street or alley, in any public park, or any other public land within the city limits at any time.

(d)

Igniting or discharging on private property. Any person using, igniting, or discharging consumer fireworks from private property must have permission of the property's owner.

(e)

Violations of section; penalty. Violations of this section shall be subject to fines issued through the ordinance violation bureau, except that in instances where a violation results in a fire and damage is determined to be caused by negligence or willful disregard of this section, a fine equal to the cost expended by the city to respond shall be assessed. In no case shall the fine exceed $2,500.00 for the first such incident or $7,500.00 for subsequent incidents.

(Ord. No. 5111, § 1, 7-2-2007)