ORDINANCE 2014-08
AN ORDINANCE RESTRICTING THE USE OF CONSUMER FIREWORKS WITHIN TOWN LIMITS
WHEREAS, unrestricted use of consumer fireworks constitutes a danger to the public health, safety and welfare, and;
WHEREAS, unrestricted use of consumer fireworks may cause injuries to members of the public, and;
WHEREAS, unrestricted use of consumer fireworks disturbs the peaceful use and enjoyment of property by Churubusco residents, and;
WHEREAS, the Indiana state legislature has provided that a municipality may adopt an ordinance concerning the use of consumer fireworks within its corporate limits, and;
WHEREAS, the Town of Churubusco desires to limit and regulate the use of consumer fireworks within its corporate limits.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED AS FOLLOWS:
- Regulation of consumer fireworks
- Definition- “Consumer fireworks”
- For purposes of this ordinance, consumer fireworks shall mean consumer fireworks as defined by the Indiana Code Section 22-11-14-1.
- Days and hours of use
- Between the hours of 5:00 p.m. and two (2) 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; and
- Between 5:00 p.m. and 10:00 p.m. on Memorial Day weekend (including Memorial Day) and Labor Day weekend (including Labor Day); and,
- Between the hours of 10:00 a.m. and twelve midnight on July 4; and
- Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st.
- The use, ignition, or discharge of consumer fireworks other than during the above time periods shall constitute an infraction and shall be subject to a $100 fine per infraction.
- All other rules pertaining to the purchase, ignition, or use of fireworks shall be covered by Indiana Code Section 22-11-14.
- Effective date
- An emergency is declared requiring the immediate effectiveness of this ordinance. It shall be effective immediately following posting in accordance with Indiana Code 36-5-2-10
All of which is ORDAINED and ENACTED this ______ day of ________, 2014.
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Frank Kessler, President
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Mark Pepple, Vice-President
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Alan Malcolm, Councilman
ATTEST:
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Madalyn Sade-Bartl
Clerk-Treasurer
2 hr after sun set in the summer is 11:00 pm most people are in bed trying to sleep if the next day is a work day. I know I live near WINSOR Drive where fireworks have kept me up for 5 nights. I love fireworks but working people need to be able to sleep.
07/03/14
We understand the frustration with the times. However, Indiana Code mandates that a municipality allow fireworks on certain days at certain times. According to I.C. 22-11-14-10.5 a municipality “may not limit the use of consumer fireworks:
(A) between the hours of 5:00 p.m. and two (2) 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.”
The proposed ordinance is allowing fireworks to be used on the other two holiday weekends of the summer, but that is it. The Town is trying to appease those who are complaining about the amount of noise from fireworks throughout town by limiting the use to these specific times instead of abiding by the state code which allows fireworks all summer long. The Council would love to hear any and all comments at the public hearing on July 16 at 6:30. Please come and let your voice be heard!
It is now July 12, 2014, and we have been annoyed with fireworks every single night until at least 11:00 pm. Is there anything the officers can do? Patrol the area, whatever it takes, or give citizens a phone number to call and report. We live on Mulberry Street and have two small children. This has got to stop. A few hundred dollars in fines and maybe folks will obey the rules.
Until this ordinance is passed, the police department cannot do anything as those who are setting off fireworks are doing so within the confines of state law. The Council encourages you to make your opinion known at the public hearing on Wednesday night. Resident opinions will help the Council make an informed decision.
I am unable to come to the town council meeting but want to make sure my voice is heard. We have contacted the police when fireworks have gone on throughout the very late evening. In addition they have gone off at 4;00 AM several mornings. I know this because I am getting up at that time for work. I too love fireworks but in an addition and at those hours it is just stupid and juvenile. Have some consideration. I would prefer we ban fireworks completely. It is too bad that one person has to spoil it for everyone else.