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Home My WebLink About9769-07 Amend Chapter 13 - Regulating Consumer FireworksORDINANCE No. 9769-07 l Passed by the Common Council of the City of South Bend, Indiana June 25, Attest: Attest: /~~ Presented by me to tl:e Mayor of the Ciry of South Bend, Indiana June 20 07 Ciry Clerk President of Common Council City Clerk Approved and signed by me ~ U.~e ZS 20 ~._ 20 07 ~~~~~~ Maym 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. For purposes of this section the term "consumer firework" means: a small firework that is designed primarily to produce visible effects by combustion and that is required to comply with the construction, chemical composition and labeling regulations promul ag ted by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices desi ng ed to produce an audible effect, such as whistling devices, ground devices containing fifty (50 milligrams or less of explosive composition, and aerial devices containing one hundred thirty X130) milligrams or less of explosive composition. Propellin or expeliin~ charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as desi ng ed to produce an audible effect. Consumer fireworks: ~1) include: ~) aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells; fib) around audible devices, which include firecrackers, salutes, and chasers: and (c) firework devices containing combinations of the effects described in clauses (a and fib); and ~2) do not include the following items: ~) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed one hundred (1002 rg ams per item. Devices containing chlorate or perchlorate salts may not exceed five (52grams in total composition per item. bbl Cylindrical fountains. ~l Cone fountains. ~d) Illuminating torches. ~) Wheels. (fl Ground spinners. fig) Flitter sparklers. Ohl Snakes or glow worms. ail Smoke devices. (i) Trick noisemakers, which include: T (1) Party_poppers. ~2 Booby traps. (32Snappers. ~4) Trick matches. ~5) Cigarette loads. (6) Auto burglar alarms. 21 No person may use, unite or discharee consumer fireworks within the corporate limits of the City of South Bend except during the followin times: ~a,) Between the hours of 5:00 p.m. and 11:00 p.m. on June 29, 30, July 1, 2, 3, 5, 6, 7, 8, and 9. ~, Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and ~ 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. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. PJ'fi/~- Member, South Be d Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the ~ day of ~w,.t. , 2007, at 4 ~,tt o'clock ~. m. _ ~` ~t~~ Depu City Clerk Approved and signed by me on the ~~ day of << u-~-~ , 2007, at ~ o'clock ~ m. 1 st READING ~ ~ l~-d PUBLIC HEARIf~G ~o-2-S`~1 3 rd READING (, - ZS"•p~ N07 APPROVED, REFERRED AASSED: ~o ~Z S °~ ~' ' '- c .~-f~p Mayor, City youth Bend, Indiana F~i~~ jl1 c~~l•~°s o¢f~~e ~ u r~ - 6 200 JC1~IPd VOGRDE CITY CLEF?I:, SQ. t4E~ IO, IN. CITY OF SOUTH BEND STEPHEN ,]. LUECKE, MAYOR OFFICE OF THE MAYOR June 6, 2007 Mr. Timothy A. Rouse, President South Bend Common Council 455 County-City Building South Bend, IN 46601 RE: Fireworks Regulation Ordinance Dear Council President Rouse: Attached please find a copy of a bill which has been filed with the Clerk's office for consideration by the South Bend Common Council amending Chapter 13, Article 4, Section 13-59 of the South Bend Municipal Code regarding consumer fireworks to add definitions, prohibit use on certain days and during certain times, and add fines for violations. The unrestricted use of consumer fireworks has become a quality of life issue for South Bend's residents. This year the Indiana General Assembly has granted cities the power to regulate the times and days for use of fireworks. Either I or Charles Leone will present this bill at the committee meeting and hearing before the South Bend Common Council. Please let me know if you have any questions. Sincerely, Stephe J. Luecke Mayor Find in ~i~r~.'~ 0."rich JUN - 6 2007 J48*1 {lC~LflDE CITY C! EiIK, S0. SE"1D, !"!. COUNTY-CITY BUILDING • SOUTH BEND, INDIANA 4Fi6O1 PHONE 219/235-9261 • FAX 219/235-9892 • TDD 219/235-5567