9769-07 Amend Chapter 13 - Regulating Consumer Fireworks

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ORDINANCE NO. ~~'~~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE REGULATING CONSUMER FIREWORKS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 13 of the South Bend Municipal Code, to regulate the use of consumer fireworks and to set restrictions on such use during certain days and during certain times, within the city limits of the City of South Bend. Under prior Indiana law, municipalities were prohibited from regulating the use of consumer fireworks within their jurisdictions. However, the 2007 Indiana General Assembly passed Senate Enrolled Act 9, signed by the Governor on May 8, 2007 which provides in I.C. 22- 11-14-10.5 that municipalities may adopt an ordinance concerning the use of consumer fireworks within the corporate limits of the municipality, except during certain days and times. The Common Council recognizes that Indiana law regulates certain fireworks issues including sales and use by minors and terms and conditions of fireworks sales. The Common Council of the City of South Bend hereby determines that the use of consumer fireworks, particularly in the late night and early morning hours, is disruptive to the health and safety of residents of the City. Although fireworks have been traditionally used to celebrate on and near the 4`'' of July and New Year's Eve, the use of consumer fireworks through out the year can create a nuisance to the residents of the City. The Common Council of the City of South Bend therefore finds that reasonable restrictions on the use of consumer fireworks, in a manner consistent with the provisions of Indiana Code 22-11-14-10.5, is in the best interests of the residents of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 13, Article 4, Section 13-59 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 13-59. Fireworks re ulation. (a) . Consumer fireworks may be used within the corporate limits of the City of South Bend only under the provisions of this section.