Chapter 9.80
REGULATION OF CONSUMER FIREWORKS
Sections:
9.80.010 Definition – Consumer fireworks.
9.80.020 Use and discharge of consumer fireworks.
9.80.010 Definition – Consumer fireworks.
For the purposes of this chapter, “consumer fireworks” shall mean consumer fireworks as defined by IC 22-11-14-1. [Ord. 1361 § 2, 2007. Code 2000 § 96.01].
9.80.020 Use and discharge of consumer fireworks.
(A) Age Requirement. Consumer fireworks shall not be purchased by persons less than 18 years of age.
(B) Possession by Minors. Children shall only possess or use any kind of fireworks when an adult is present.
(C) Location of Use. Consumer fireworks shall exclusively be used on:
(1) The user’s property; or
(2) The property of someone who has consented to the use of fireworks on the property; or
(3) A location authorized by special permit as a special discharge location that is defined as a place designated for the discharge of consumer fireworks under policies of the state Fire Marshal in effect until the state Fire Prevention and Building Safety Commission adopts rules, as amended from time to time.
(D) Time of Use. Consumer fireworks may not be used, ignited or discharged within the corporate limits of the town of Highland except during the following times:
(1) Between 5:00 p.m. and two hours after sunset on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th;
(2) Between the hours of 10:00 a.m. and 12:00 midnight on July 4th; and
(3) Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st.
(E) Exemptions. This chapter shall not be construed to prohibit the use of fireworks by railroads or other transportation agencies, the sale or use of blank cartridges for a show, ceremonial purpose, use by military organizations, the intrastate sale of fireworks not approved for sale in Indiana between interstate wholesalers, use of indoor pyrotechnics special effects material and the possession, sale or disposal of fireworks incidental to the public display of authorized “special fireworks,” as defined in IC 22-11-14-1. [Ord. 1361 § 2, 2007; amended during 2012 recodification. Code 2000 § 96.02].
9.80.030 Sales.
Retailers may not sell consumer fireworks within the town of Highland until the retailer has met all permit requirements and has obtained a certificate of compliance from the state Fire Marshal. A certificate of compliance issued to a retailer of consumer fireworks is not transferable except to a subsequent owner or operator of a business at the same location in accordance with the policies and guidelines of the state Fire Marshal. [Ord. 1361 § 2, 2007. Code 2000 § 96.03].
9.80.040 Penalty.
(A) Except as otherwise provided, any person, entity or organization who shall violate any provisions of this chapter shall be fined in the amount set forth in the designated schedule as a payable offense subject to admission before the violations clerk of the ordinance violation bureau in the amount set forth in the admissions clerk payable offenses schedule in HMC 9.85.060.
(B) If such person, entity or organization shall violate any provisions of this chapter, and there is a failure to satisfy the civil violation as set forth in Chapter 9.85 HMC, then such violations shall be construed as justiciable offenses and, upon conviction or a finding of liability, shall be subject to a fine of not less than $100.00 per violation, nor more than $2,500. Each day of such unlawful activity as is prohibited shall be deemed a separate offense. [Ord. 1361 § 2, 2007. Code 2000 § 96.04].