June 17, 2014
Fishers, (Indiana) – With the Fourth of July holiday quickly approaching Chief of Police George Kehl would like to remind residents of the local ordinance regarding the use of fireworks.
§ 99.01 DEFINITION OF CONSUMER FIREWORK.For purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.CONSUMER FIREWORK. (1) A small firework that is designed primarily to produce visible 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 CFR 1507. The term also includes some small devices designed 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 or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. CONSUMER FIREWORK includes but may not be limited to the following:(a) Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;(b) Ground audible devices, which include firecrackers, salutes, and chasers; and(c) Firework devices containing combinations of the effects described in divisions (1)(a) and (b) above.(1) The following items are specifically excluded from the definition of CONSUMER FIREWORK:(a) Model rockets;(b) Toy pistol caps;(c) Emergency signal flares;(d) Matches;(e) Fixed ammunition for firearms;(f) Ammunition components intended for use in firearms, muzzle loading cannons, or small arms;(g) Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms; (h) Indoor pyrotechnics special effects material; or(i) M-80s, cherry bombs, silver salutes, and any device banned by the federal government.(3) In addition, the following items are excluded from the definition of CONSUMER FIREWORKS but are and shall continue to be subject to applicable permitting requirements and state statutes governing fireworks:(a) Dipped sticks or wire sparklers;(b) Cylindrical fountains;(c) Cone fountains;(d) Illuminating torches;(e) Wheels;(f) Ground spinners;(g) Flitter sparklers;(h) Snakes or glow worms;(i) Smoke devices; and(j) Trick noisemakers, which include:1. Party poppers;2. Booby traps;3. Snappers;4. Trick matches;5. Cigarette loads; and6. Auto burglar alarms.(Ord. 041513C, passed 4-15-13) § 99.02 USE OF CONSUMER FIREWORKS WITHIN THE TOWN.It shall be unlawful to use or display or permit to be used or displayed within Fishers' municipal boundaries any type of consumer firework on any day or time other than the following:(A) 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;(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.(Ord. 041513C, passed 4-15-13) § 99.03 SUPERVISED PUBLIC DISPLAYS. This chapter shall not apply to supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals, all of which are and shall continue to be subject to applicable permitting requirements and state statutes.(Ord. 041513C, passed 4-15-13) § 99.04 ENFORCEMENT.The Fishers Department of Fire and Emergency Services and the Fishers Police Department shall be charged with enforcing the provisions of this chapter.(Ord. 041513C, passed 4-15-13) § 99.99 PENALTY. Any person, firm or corporation who violates this chapter shall be subject to a fine of $150 for the first offense and $250 for each subsequent offense. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.(Ord. 041513C, passed 4-15-13)Reminder- Indiana law restricts the use of fireworks to the following:• On the user’s property; • On the property of someone who has consented to the use of fireworks on their property