Wednesday, June 20, 2007
Fireworks Use UPDATE
I also wanted to mention an update to an answer I gave last week about Fireworks use. The Governor has given local jurisdictions the right to make the State law more restrictive. However, South Bend City has yet to formally establish such an ordinance. I know they are drafting one, but, again, nothing is officially "on the books."

As such the current city ordinance for "unreasonable noise" will not sufficiently cover fireworks related complaints and cannot be enforced as such. City Council is drafting new law regarding fireworks and will be more restrictive on the dates, but until that passes (unclear if it will be in time for July 4th this year), no enforcement action on fireworks can be taken by police. As such, the default law in effect at this time is Indiana state law allowing year round fireworks use.

Bear in mind that with debris, you are still liable for mess and cleanup (including neighbors yards, streets, etc) and could be cited for littering or dumping ordinance violations. Use common sense and safety practices, and be respectful of those around you to avoid problems. More information on fireworks is here on the city website.

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posted by South Bend Police Department @ 11:30 AM  
Monday, June 04, 2007
Fireworks Use?
Q: If I am lighting fireworks during the designated hours, especially on a holiday when lighting fireworks is common, If a neighbor a few houses down comes and tells me to stop, am I required by law to stop? Would I get in trouble if authorities were called to my
house in this situation? Thanks!

A: Not sure if you are aware, but the fireworks laws have changed slightly again. Under the bill Gov. Mitch Daniels signed May 8, local governments can regulate when fireworks are legal. City and town councils can outlaw their usage on all but 13 "holy days," when the statute mandates specific hours fireworks must be legal.

Those are: Between 5 p.m. and two hours after sunset on June 29, 30, and July 1, 2, 3, 5, 6, 7, 8, and 9; from 10 a.m. to midnight on July 4; and between the hours of 10 a.m. and midnight on Dec. 31 and midnight and 1 a.m. on Jan. 1.

So outside of these hours and times, fireworks would typically be considered to be a violation of the city "unreasonable noise" ordinance (13-57) that can result in a fine for violations of the ordiance, fireworks included, if officers are called to investigate.

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posted by South Bend Police Department @ 8:33 PM  

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