Chapter 9.10
OFFENSES AGAINST PUBLIC PEACE AND SAFETY
Sections:
Article I. General Provisions
9.10.010 Firearms – Explosives.
9.10.030 Throwing lighted objects.
9.10.040 Smoking in public conveyances.
9.10.050 Abandoned refrigerators.
Article II. Curfew
Article III. Violation – Penalty
Article I. General Provisions
9.10.010 Firearms – Explosives.
(A) No person shall discharge a firearm or gun which propels an object, including, but not limited to, a bullet, pellet, B.B., or missile, within the City unless he is one of the following:
(1) A law enforcement officer acting in the course of his official duty;
(2) A member of the armed forces of the United States or of Indiana, acting in the course of his official duty;
(3) A person acting with the permission of the Mayor in the course of a public event, including but not limited to the firing of a salute at the funeral of a noted person;
(4) Using one of the firing ranges approved by the Board of Public Safety.
(B) No person shall discharge an explosive device within the City, unless the device is used in the course of a lawful and properly supervised construction or demolition project; or in a licensed fireworks display provided for by EMC 9.10.020. [Ord. G-77-14, passed 8-23-77. 1962 Code, Art. 2, Ch. 6, § 1; 1982 Code § 131.01; 1983 Code § 13.131.01.]
9.10.020 Fireworks.
(A) Consumer fireworks may be used within the corporate limits of the City of Evansville only under the provisions of this section.
(1) For the purposes of this section, the term “consumer fireworks” means 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 fireworks:
(a) Include:
(i) Aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
(ii) Ground audible devices, which include firecrackers, salutes, and chasers; and
(iii) Firework devices containing combinations of the effects described in subsections (A)(1)(a)(i) and (ii) of this section; and
(b) Do not include the following items:
(i) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item.
(ii) Cylindrical fountains.
(iii) Cone fountains.
(iv) Illuminating torches.
(v) Wheels.
(vi) Ground spinners.
(vii) Flitter sparklers.
(viii) Snakes or glow worms.
(ix) Trick noisemakers, which include:
A. Party poppers.
B. Booby traps.
C. Snappers.
D. Trick matches.
(x) Cigarette loads.
(xi) Auto burglar alarms.
(2) No person shall use, ignite or discharge consumer fireworks within the corporate limits of the City of Evansville except during the following times:
(a) Between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m. on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th; and
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4th; and
(c) Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st; and
(d) Repealed by Ord. G-2015-28.
(e) Repealed by Ord. G-2015-28.
(f) If in any calendar year the City bans fireworks for the periods described in subsections (A)(2)(a) and (b) of this section (June 29th through July 9th), then in that calendar year only citizens may discharge consumer fireworks on additional dates as determined by the City Administration between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m.
(3) No person may use, ignite, or discharge consumer fireworks on any public street or in any public park or public area within the corporate limits of the City of Evansville at any time.
(4) No person may use, ignite, or discharge consumer fireworks in a manner which causes them to land upon property owned or occupied by another person.
(5) Any person who sells or offers to sell consumer fireworks within the City shall post a clear and conspicuous notice of the restrictions in this section, specifically the dates and times set forth in subsections (A)(2) and (3) of this section at or near each entrance to their business.
(6) This section shall not apply to supervised public fireworks displays which are in compliance with IC 22-11-4-1 et seq. and have been properly permitted and approved.
(B) No person shall conduct a fireworks display unless that person has obtained a permit from the State Fire Marshal pursuant to IC 22-11-14-2. Before applying to the State Fire Marshal for a permit, the applicant must show proof of insurance in the amount of not less than $100,000 for damages caused to a person or persons, and not less than $100,000 for damage to property. The applicant must also obtain a license for the display from the Chief of the Fire Department. The Chief of the Fire Department may issue a license for a fireworks display only upon finding that the applicant is qualified to conduct the display; and the display will not be hazardous to persons or property. [Ord. G-2015-28, passed 9-28-15; Ord. G-2012-14 § 1, passed 8-15-2012; Ord. G-2010-24 § 1, passed 11-10-10; Ord. G-2010-18 § 1, passed 7-2-10; Ord. G-2007-9, passed 8-28-07. 1962 Code, Art. 2, Ch. 6, § 2; 1982 Code § 131.02; 1983 Code § 13.131.02.]
9.10.030 Throwing lighted objects.
No person shall throw a lighted object or any ignited substance, or aid, abet, or assist in throwing such an object any place within the City where there is any possibility of causing a fire. [1962 Code § 1503.03; 1982 Code § 131.03; 1983 Code § 13.131.03.]
9.10.040 Smoking in public conveyances.
No person shall smoke on any public conveyance having a seating capacity for 19 or more persons while the public conveyance is in public service in the City. Each public conveyance shall have displayed in a prominent place in its interior, during all times that the conveyance is in public service, a card or placard having a surface of not less than 160 square inches on which there shall be printed the following wording:
Smoking prohibited in this conveyance by ordinance of the City of Evansville. Violators will be subject to fine.
The words “smoking prohibited” shall appear on the sign or placard in letters not less than two inches in height. Each day any conveyance is used in public service in the City without the sign or placard being displayed therein shall constitute a separate offense. [Ord. G-76-17, passed 9-27-76. 1962 Code § 1503.05; 1982 Code § 131.04; 1983 Code § 13.131.04.]
9.10.050 Abandoned refrigerators.
No person shall leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or any other container of any kind which has an airtight door or lock which may not be released by opening from the inside of the icebox, refrigerator, or container. No person shall leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or any other container of any kind which has an airtight snap lock or other device thereon without first removing the snap lock or doors from the icebox, refrigerators, or other container. Any icebox, refrigerator, or other container so found may be impounded by any police officer. [1962 Code § 535.01; 1982 Code § 131.05; 1983 Code § 13.131.05.]
9.10.060 False fire alarms.
No person shall cry out a false alarm of fire in any church, public building, theater, gymnasium, showroom, or any other place where people congregate, while it is occupied by any persons. [1962 Code § 1503.01; 1982 Code § 131.06; 1983 Code § 13.131.06.]
Article II. Curfew
9.10.070 Definitions.
The following definitions shall apply throughout this article unless the context clearly indicates another meaning:
“Child” shall mean any unemancipated person under the age of 18 years.
“Public place” shall mean a place available to all or a certain segment of the public including, but not limited to, any place where the public is invited and is free to go upon special or implied invitation. It is specifically intended that this definition of public place include the interior of a vehicle if said vehicle is located at a public place. [Ord. G-94-18, passed 6-07-94. 1983 Code § 13.131.10.]
9.10.080 Curfew.
(A) It is a violation of this chapter for a child 15, 16, or 17 years of age to be in a public place:
(1) Between 1:00 a.m. and 5:00 a.m. on Saturday or Sunday;
(2) After 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday; or
(3) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(B) It is a violation of this chapter for a child under 15 years of age to be in a public place after 11:00 p.m. or before 5:00 a.m. on any day.
(C) This section does not apply to a child who is:
(1) Accompanied by his parent, guardian, or custodian;
(2) Accompanied by an adult specified by his parent, guardian, or custodian; or
(3) Participating in, going to, or returning from:
(a) Lawful employment;
(b) A school sanctioned activity; or
(c) A religious event.
(4) This section also does not apply to a child who is:
(a) Involved in an emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
(b) Involved in an activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, Section 31 of the Constitution of the State of Indiana, or both, such as freedom of speech and the right of assembly;
(c) Involved in an activity conducted by a religious organization, nonprofit or governmental entity that provides recreation, entertainment, sports, education, training, or other care under the supervision of one or more adults; or
(d) Engaged in interstate or international travel from a location outside Indiana to another location outside of Indiana. [Ord. G-2003-17, passed 7-21-03; Ord. G-94-18, passed 6-07-94. 1983 Code § 13.131.11.]
9.10.090 Penalty.
(A) This article may be enforced pursuant to the provisions of EMC 1.05.170.
(B) A person who violates this article shall be subject to the following fines:
(1) Twenty-five dollars for the first offense;
(2) Fifty dollars for the second offense within any one-year period;
(3) One hundred dollars for the third and each subsequent offense within any one-year period.
(C) Any person violating EMC 9.10.020 shall be subject to the following penalties:
(1) Twenty-five dollars for the first offense;
(2) One hundred dollars for the second;
(3) Two hundred fifty dollars for a third offense and every subsequent offense.
(4) In such instances where using, igniting or discharging consumer fireworks results in a fire and damage is determined to be caused by negligence or the violation of any of the provisions of this article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding $2,500. [Ord. G-2007-9, passed 8-28-07; Ord. G-94-18, passed 6-07-94. 1983 Code § 13.131.12.]
Article III. Violation – Penalty
9.10.100 Penalty.
Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180. [1982 Code § 131.99; 1983 Code § 13.131.99.]