Chapter 8.70
FIREWORKS
Sections:
8.70.040 Smoking at public fireworks display.
8.70.050 Possession and consumption of alcohol at public fireworks display.
8.70.010 Consumer fireworks.
Legal consumer fireworks, as defined in IC 22-11-14-1, may be used, ignited, or discharged within Whitestown only during the following dates and times:
A. Between the hours of 2:00 p.m. and 10:30 p.m. on January 1st;
B. Between the hours of 10:00 a.m. and 10:30 p.m. on any day in which the official Indianapolis 500 race is held (typically, the Sunday before Memorial Day);
C. Between the hours of 5:00 p.m. and 10:30 p.m. on the two days immediately prior to Memorial Day;
D. Between the hours of 2:00 p.m. and 10:30 p.m. on Memorial Day;
E. Between the hours of 5:00 p.m. and 10:30 p.m. on any Friday or Saturday after Memorial Day and before Labor Day;
F. Between the hours of 5:00 p.m. and 11:00 p.m.* (or two hours after sunset, in the event sunset is later than 9:00 p.m. on such date(s)) on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th;
G. Between the hours of 10:00 a.m. and 12:00 (midnight) on July 4th;
H. Between the hours of 5:00 p.m. and 10:30 p.m. on the two days immediately prior to Labor Day;
I. Between the hours of 2:00 p.m. and 10:30 p.m. on Labor Day;
J. Between the hours of 10:00 a.m. on December 31st and 1:00 a.m.* on January 1st; and
K. On any other day designated by the town council for public fireworks display, between the hours of 2:00 p.m. on such day and 11:00 p.m. on such day;
L. Between the hours of 2:00 p.m. and 10:30 p.m. on the third day of Diwali (date varies annually between the end of October/early November) unless a different day of Diwali is selected by the human relations commission in a given year; and
M. Between the hours of 2:00 p.m. and 10:30 p.m. on the first day of the Chinese New Year (date varies annually between January 21st and February 20th).
Where any of the times listed above apply to the same date in a particular year, the least restrictive times for such date shall apply.
[Ord. 2017-12 § 1; Ord. 2016-24 § 1]
* Note that IC 22-11-14-6(c)(1) could be read to create an infraction for using consumer fireworks during times required to be permitted in IC 22-11-14-10.5(c)(3)(A) and (C). Because IC 22-11-14-10.5(c)(3)(A) and (C) require that those times be permitted, this chapter complies with those subsections.
8.70.020 Posting of dates.
The town manager shall post on the town’s website the designated dates for fireworks for the varying holidays set forth in WMC 8.70.010, as may be set by the human relations commission where applicable. [Ord. 2017-12 § 2]
8.70.030 Location and debris.
Consumer fireworks may be used, ignited, or discharged during the permitted times set forth in WMC 8.70.010 only on the users’ own property, with the permission of the property owner, or at special discharge locations designated by the State Fire Marshal or Whitestown fire chief. No person may use, ignite, or discharge fireworks on any public street or public property, including but not limited to parks, without the written permission of the State Fire Marshal or Whitestown fire chief. Users shall be responsible for all debris resulting from the discharge of consumer fireworks. It is a violation of this chapter if fireworks land upon property owned or occupied by another person from which permission was not obtained, or upon public streets or property, and which fireworks and/or all related debris is not removed by the user within 24 hours of such use or discharge. Notwithstanding the foregoing, nothing in this chapter shall be interpreted to grant permission to any person to discharge, place, or land debris on property occupied or owned by another, and the 24-hour removal period required by this chapter shall not relieve any such user of any applicable civil liability, including but not limited to a cause of action for trespass or nuisance. [Ord. 2016-24 § 2]
8.70.040 Smoking at public fireworks display.
Smoking, as well as the inhalation or exhalation of vapors or other substances from electronic cigarettes, is prohibited on the property used by the town of Whitestown for any community fireworks display. [Ord. 2016-24 § 3]
8.70.050 Possession and consumption of alcohol at public fireworks display.
The possession and/or consumption of alcohol is prohibited on the property used by the town of Whitestown for any community fireworks display, unless both the town council and the property owner approve, in writing, a special permit authorizing such possession and/or consumption prior to the date of the event. [Ord. 2016-24 § 4]
8.70.060 Special permits.
Applications for a permit for relief from the regulations contained in this chapter may be made in writing to the town manager, Whitestown fire chief, or the town manager’s duly authorized representative prior to a violation. Any permit granted by the town manager, Whitestown fire chief, or the town manager’s duly authorized representative, in his or her sole discretion, must be in writing and shall contain all conditions upon which said permit shall be effective. In granting any such permit, the town manager, Whitestown fire chief, or duly authorized representative may prescribe any reasonable conditions or requirements he or she deems necessary to minimize adverse effects upon the community or the surrounding neighborhood. [Ord. 2016-24 § 5]
8.70.070 Violation penalty.
A. Any person and/or property owner who violates the provisions of this chapter shall be guilty of an infraction, punishable by fines as follows:
1. First offense: up to $75.00;
2. Second offense: up to $100.00;
3. Third offense: up to $150.00;
4. Fourth offense: up to $200.00;
5. Fifth offense: up to $250.00;
6. Sixth and subsequent offenses: up to $300.00.
B. Each day or continued violation (even if on the same day) constitutes a separate and additional offense. [Ord. 2016-24 § 6]