HomeMy WebLinkAbout06-08-2007 Luecke proposes major restrictions on fireworks o�sou TH
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Office of the Mayor
NEWS RELEASE
June 8, 2007
3:30 PM
Luecke proposes major restrictions on fireworks
Contact: Mikki Dobski, Director of Communications&Special Projects, 235-5855 or 876-
1564; City Attorney Chuck Leone, 235-5857,Fire Chief Howard Buchanon, 235-7553;Police
Chief Thomas Fautz, 235-9311
The City of South Bend will impose significant restrictions on the use of small consumer
fireworks, according to an ordinance drafted at the request of Mayor Stephen J. Luecke
and filed this week with the city clerk.
The proposed ordinance likely will be assigned to a committee for consideration Monday
by the South Bend Common Council. Public hearing on the bill has not yet been set.
The proposed ordinance will ban the use of small consumer fireworks in South Bend with
the exception of the Fourth of July and New Year's Eve, and five evenings before and
after July 4. The council will give the ordinance's first reading Monday and could adopt
it as soon as June 25.
Professional public displays are not impacted by the ordinance, but continue to be
regulated by the State Fire Marshal. The state also regulates sales, their terms and
conditions, and prohibits sales to and use by minors.
The proposed ordinance amends South Bend's existing fireworks regulations following
passage of Senate Bill 9 by the 2007 General Assembly, signed into law May 8 by the
governor. The legislation specifies hours on several days through the year when there
can be unlimited use of consumer fireworks, but gives local units of government the
ability to restrict or completely ban their use the rest of the year.
"This time of year when the weather turns nice and residents open their windows to the
outdoors, they also grow weary of the acrid smell and the noise caused by fireworks,"
Luecke said. "This proposed ordinance strikes an equitable balance between allowing
safe celebrations and regulating the time, place and manner of those activities. With this
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
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commonly to the hands. In 25 percent of those cases, fireworks users reported eye
injuries, with 97 percent of the victims not using eye protection.
In 28 cases statewide, injuries were severe enough to require hospitalization. The 11
percent of people with fireworks injuries in 2006 in Indiana was up from 6 percent in
2004. (No reporting occurred in 2005 because of changes in the state law.)
"Please ask yourself these two questions before you light that firework: Is this safe
enough to risk the happy and fun Fourth of July holiday with my family, friends and
neighbors? Will this be safe enough not to cause any injuries to you or others?"
Buchanon said. "When you light the rocket or aerial fireworks, you have no control of
where it is going. Supposedly safe types of fireworks create temperatures of 1,800
degrees Fahrenheit, which is hot enough to melt gold.
"Please leave fireworks to the professionals," Buchanon said.
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