06-08-2007 Luecke proposes major restrictions on fireworks

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ordinance, small children will sleep more peacefully, homeowners will face fewer threats of fire damage and dogs will spend less time cowering in basements." In 2006, the General Assembly passed legislation that allowed people to shoot fireworks from 9 a.m. to 11 p.m. every day of the year, with even longer hours on holidays, so long as they did it on private property. But public criticism led lawmakers to change what some described as "legalized chaos"with virtually unlimited fireworks usage. During this year's session, nine bills were filed with the General Assembly, introduced or sponsored by 14 different legislators, reflecting the statewide concern over the issue. The South Bend ordinance proposes restrictions that would bar the use of consumer fireworks on all but the 12 days on which state law says the fireworks use cannot be limited: • Between 10 a.m. and midnight on July 4. • Between 10 a.m. Dec. 31 and 1 a.m. Jan. 1. • Between 5 p.m. and 11 p.m. (two hours after sunset)on June 29 and 30, and July 1, 2, 3, 5, 6, 7, 8 and 9. Consumer fireworks are defined as ground devices with 50 milligrams or less of explosive combustion and aerial devices with 130 milligrams or less. They include aerial devices like rockets, spinners or Roman candles and ground devices like firecrackers and chasers. A variety of items are not governed by the registration, including sparklers, cylindrical and cone fountains, illuminating torches, wheels, ground spinners, snakes or glow worms, smoke devices and small trick noisemakers. Under the proposal, the discharge of consumer fireworks would never be allowed on public property, including sidewalks, tree lawns, city streets and parks. Violators are subject to penalties beginning at $100 for a first offense, $250 for a second offense and $500 for each subsequent offense. In language that mirrors other code regulations, but applies to fireworks for the first time, citations will be issued to the person responsible for the property. If no responsible party is present at the premises, the citation may be issued to the property owner. Fines will become effective immediately upon the ordinance's adoption and publication. "Although fireworks have been traditionally used to celebrate on and near the Fourth of July and New Year's Eve, the use of consumer fireworks throughout the year can create a nuisance to residents of the city," according to the ordinance. Public-safety leaders hope the new ordinance will reduce nuisance calls, particularly if it leads to increased public awareness about the dangers "We are certainly in support of this ordinance and feel that it gives us an enforcement tool to help keep the use of fireworks reasonable in our neighborhoods," said South Bend Police Chief Thomas Fautz. "We hope it will lessen the demands on our resources for fireworks complaints." Last year, South Bend firefighters responded to a fireworks-related house fire on July 4, according to South Bend Fire Chief Howard Buchanon. Statewide, there were 251 unduplicated cases of fireworks-related injuries, most involving children and adolescents. Nearly three-quarters of Indiana fireworks incidents involved burn injuries, most 2