§ 91.03. CONSUMER FIREWORKS.

(A) Definition of "consumer fireworks." For purposes of this section, CONSUMER FIREWORKS shall mean consumer fireworks as defined by I.C. 22-11-14-1.

(B) Days and hours of use. Consumer fireworks may not be used, ignited or discharged within the corporate limits of the town 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; and

(2) Between the hours of 10:00 a.m. and twelve midnight on July 4; and

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

(C) Nuisance. Use or discharge of fireworks which causes serious annoyance or disturbance to a neighborhood or the residents therein by loud, frequent, or habitual noise is declared to be a nuisance. It is unlawful for any person to conduct such activities, and the town may seek injunctive relief in a court of law to prevent such activities in addition to seeking a monetary penalty as set forth herein below.

(D) Control of a minor. It shall be unlawful for the parent, guardian or other adult person having the care, custody and control of a minor under the age of 18 years to knowingly permit such minor to fire, shoot off, or discharge any fireworks within the limits of the town.

(E) Liability for cost of fire service. Any person shall be liable for damage to person or property caused by the use or discharge of fireworks, and shall also be liable for costs of fire service by a responding fire department as defined in I.C. 22-11-14-1 or other emergency services necessitated by the use or discharge of fireworks.

(F) Imposition of monetary fine for violation. Any person violating any of the provisions of this section shall be subject to a fine in an amount of $50 for the first violation, payable at the Town Hall. Any subsequent violation shall subject the violator to a fine of up to $2,500 per violation. In addition to any fine and court costs, violators shall reimburse the town for the cost of responding emergency services, if any.

(Ord. 06-17-2008-1, passed 6-17-08)