9769-07 Amend Chapter 13 - Regulating Consumer Fireworks

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~ Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1. (3) No person may use unite or discharge consumer fireworks on anv public street or in andpublic park within the corporate limits of the City of South Bend at anv time. 41 Anv person violating this subsection shall be subiect to the followin penalties: ~a,Z One hundred dollars ($100.00) for a first offense; fib) Two hundred fifty dollars ($250.001 for a second; ~ Five hundred dollars ($500.00) for a third offense and every subsequent. ~d~ Anyperson issued a citation for violating andprovision of section 13-59 shall make pavment through the Ordinance Violations Bureau. Failure to make pavment within thirt~(30Lys of the issuance of a citation for violation an~provision of section 13-59 shall result in the assessment of a late fee of fifty dollars ($SO.OOZ ~ In such instances where using, i ng_itin_g or discharging consumer fireworks results in a fire and damage is determined to be caused b~negligence or the wilful disregard or violation of anv of the provisions of this article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred dollars ($2,500.00 ~ A citation for a violation of section 13-59 shall be issued to the responsible p . A responsible party is defined as the person shown to have exclusive~ossession of the propert~(a present possessory interest). If no responsible party is present upon the premises, the re~onsible party is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. In such an instance, copies of the citation must be mailed to the property owner as determined from the Assessor's records. (b) Any person wishing to give a supervised public display of fireworks may do so by first procuring a license from the City and filing bond in the sum of Fi t~renty thousand dollars ($~$~96:69) ($50,000.00, conditioned on the payment of all damages which may be caused either to a person or property by reason of such licensed display or arising from any acts of the licensee, his agents, employees or subcontractors. The license fee shall be Twenty Dollars ($20.002 per day for each day of such public display. (c) Any public display of fireworks shall be conducted in all things in accordance with the rules and regulations adopted and set out by the Fire Marshal of the State, and as the same are restricted or designated by the Acts of the General Assembly of the State. All definitions contained in such acts shall apply to the terms of this section.