ORDINANCE NUMBER 1593-7-18
AN ORDINANCE REGULATING THE USE OF FIREWORKS WITHIN THE TOWN OF AVILLA
WHEREAS, the Town of Avilla is desirous of regulating the use of fireworks within the Town of Avilla.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVILLA, INDIANA:
Section 1.
DEFINITIONS:
CONSUMER FIREWORKS. A small firework that is designed primarily to produce visible or audible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed 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 (130) milligrams or less of explosive composition. Propelling and expelling charges consisting of a mixture of charcoal sulfur, and potassium nitrate are not considered to be designed to produce an audible effect. Consumer fireworks include:
Aerial devices, which include, but are not limited to, sky rockets, missile type rockets, helicopter or aerial spinners roman candles, mines, and shells; Ground audible devices, which include, but are not limited to, firecrackers, salutes, and chasers; and Firework devices containing combinations of the effects described in clauses (a) and (b).
FIREWORK. Any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks. The following items are excluded from the definition of fireworks:
Model rockets. Toy pistol caps. Emergency signal flares. Matches. Fixed ammunition for firearms. Ammunition components intended for use in firearms, muzzle loading cannon, or small arms. Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small firearms. Indoor pyrotechnics special effects material. M-80s, cherry bombs, silver salutes, and any device banned by the federal government.
CONSUMER USE OF FIREWORKS. No person within the corporate boundaries of the Town shall use or display or permit to be used or displayed any type of consumer fireworks on any other day or time other than the following:
June 29, June 30, July 1, July 2, July 3, July 5, July 6, July 7, July 8, July 9, between the hours of 5:00 pm to two (2) hours after sunset; Labor Day and the Sunday before Labor Day from 10:00 am until two (2) hours after sunset; July 4 between the hours of 10:00 am and 12:00 midnight; Between the hours of 10:00 am on December 31 and 1:00 am on January 1; and No other date or time is permitted for consumer use of fireworks.
Section II
PENALTY
The Avilla Police Department and Avilla Fire Department shall be charged with enforcing the provisions of this Ordinance. Any person who violates any of the provisions of this Ordinance shall be fined in the amount of $100.00 per occurrence after one (1) warning. This money shall be placed in the Town’s General fund.
BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect from and after its passage by the Town Council and proper publication in a newspaper of daily circulation within Noble County, Indiana.
PASSED AND ADOPTED by the Town Council of the Town of Avilla, Indiana this 18 day of July, 2018.
AVILLA TOWN COUNCIL
————————————————————–
Indiana Fireworks Laws
Location
In general, consumer fireworks may only be used at:
- Special discharge locations;
- The property of the person using the firework; or
- The property of another who has given the individual permission to use fireworks on their property.
However, please note that a person who sets off fireworks, even in a legal location, may still be held liable for any resulting injuries or damage caused to another person or their property.
Age
Fireworks may only be used or possessed by individuals who are 18 or older unless an adult is present and responsible at the location of possession or use.
Dates and Times
Generally, state statute prohibits a person from igniting, discharging, or using consumer fireworks after 11 p.m. or before 9 a.m. On holidays, as defined in Indiana Code 1-1-9-1(a), a person may not ignite, discharge or use consumer fireworks after midnight or before 9 a.m. For New Year’s Eve, a person can ignite, discharge or use consumer fireworks from 10 a.m. until midnight December 31 and until 1 a.m. January 1 (but not between 1 and 9 a.m. January 1).
Please be aware local ordinances may limit the time frame for use of consumer fireworks even further. However, the following time frames are protected times when the use of consumer fireworks are not prohibited by state statute and may not be prohibited by local ordinance:
- June 29 through July 3 and July 5 through July 9 between 5 p.m. and two hours after sunset
- July 4 between 10 a.m. and midnight
- December 31 after 10 a.m. until 1 a.m. January 1
Learn more here.
Last modified: February 6, 2024
