ORDINANCE REGULATING USE OF CONSUMER FIREWORKS
June 12, 2013 at 12:01 PM
GENERAL ORDINANCE NO. 2-2012

AN ORDINANCE REGULATING USE OF CONSUMER FIREWORKS IN THE CITY OF GAS CITY, INDIANA

WHEREAS, the Common Council of the City of Gas City, Indiana, in order to promote safety of the citizens and visitors of the City of Gas City and the peace and tranquility in Gas City, it is deemed appropriate to regulate the use of fireworks within the corporate limits of the City; and,

WHEREAS, I.C. 22-11-14-10.5 authorizes a municipality to regulate the use of consumer fireworks within the corporate limits of the City;

WHEREAS, the discharge of consumer fireworks, as defined by I.C. 22-11-14-1, adversely impacts the peace and tranquility of the City and may present a safety hazard to the citizens and visitors to the City; and,

NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of Gas City:

(1)　 Except as herein provided, the use of discharge of consumer fireworks within the City of Gas City shall be prohibited and it shall be a violation of this ordinance to use, ignite or discharge any type of consumer fireworks, as defined by I.C. 22-11-14, within the corporate limits of the City of Gas City; provided however, the prohibition shall not apply:

(A)　 Between the hours of 5:00 pm and 2 hours after sunset on June 29, June 30, July 1, July 2, July 3, July 5, July 6,　　 July 7, July 8 and July 9; and,

(B)　 Between the hours of 10:00 am and 12:00 midnight on July 4; and,

(C)　 Between the hours of 10:00 am on December 31 and 1:00 am January 1.

provided further, the use or discharge of consumer fireworks on the times and on the dates herein specified may take place only:　 (i) at a specified discharge location as designated by the Gas City Fire Chief;　(ii) upon property of the person using or discharging the consumer fireworks; or, (iii) on the property of one who gives permission to use and discharge consumer fireworks.

(2)　 A violation of this Ordinance constitutes and infraction which may be punishable by a fine of not less than $10.00 or more than $50.00 for the first occurrence and not less than $100.00 or more than $500.00 for a second occurrence within 5 years of the first occurrence of violation.

This Ordinance shall be in full force and effect after its passage and legal publication and approval by the Mayor of the City of Gas City, Indiana, as provided by law.

PASSED by the Common Council of the City of Gas City, Indiana, this 15th day of May, 2012.

Larry Terwilleger

James Richards

David Huffman

Mike Planck

Don Clark

Presented by me to the Mayor of the City of Gas City, Indiana, this 15th day of May, 2012.

Julie Flores, Clerk-Treasurer

APPROVED by me, the Mayor of the City of Gas City, Indiana, this 15th day of May, 2012.

H. Larry Leach, Mayor