CHAPTER 101
CONSUMER FIREWORKS

Section

101.01    Definition

101.02    Age requirement

101.03    Possession by minors

101.04    Location of use

101.05    Days and hours of use

101.06    Exemptions

101.07    Sales

101.99    Penalty

Cross-reference:

Discharge of firearms, fireworks prohibited; exceptions, see § 130.07.

101.01 DEFINITION.

For purposes of this chapter, CONSUMER FIREWORKS shall refer to those fireworks as defined by I.C. 22-11-14-1.

(Ord. 2007-1944, passed 12-27-2007)

101.02 AGE REQUIREMENT.

Consumer fireworks shall not be purchased by persons less than 18 years of age.

(Ord. 2007-1944, passed 12-27-2007)

101.03 POSSESSION BY MINORS.

Persons less than 18 years of age shall only possess or use fireworks when an adult is present to supervise.

(Ord. 2007-1944, passed 12-27-2007)

101.04 LOCATION OF USE.

Consumer fireworks shall exclusively be used on:

(A) The user’s property; or

(B) The property of someone who has consented to the use of fireworks on the property; or

(C) 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 Fire Prevention and Building Safety Commission adopts rules, as amended from time to time.

(Ord. 2007-1944, passed 12-27-2007)

101.05 DAYS AND HOURS OF USE.

Consumer fireworks may not be used, ignited, or discharged within the corporate limits of the City of Plymouth except during the following times:

(A) Between the hours of 5:00 p.m. and 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.

(Ord. 2007-1944, passed 12-27-2007)

101.06 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 pyrotechnic special effects material, the possession, sale or disposal of fireworks incidental to the public display of authorized Class B fireworks, and/or public displays, such as the Blueberry Festival fireworks over Labor Day weekend, permitted under the provisions of I.C. 22-11-14-2.

(Ord. 2007-1944, passed 12-27-2007)

101.07 SALES.

Retailers may not sell consumer fireworks within the City of Plymouth until the retailer has met all pertinent 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. 2007-1944, passed 12-27-2007)

101.99 PENALTY.

If any person, entity, or organization shall violate any provisions of this chapter, then such person, entity, or organization shall be subject to a fine of $100 per violation. Each day of such unlawful activity as is prohibited herein shall be deemed a separate offense.

(Ord. 2007-1944, passed 12-27-2007)