As the Fourth of July approaches and many prepare to celebrate the 240th birthday of the United States the Evansville Police Department asks that those who use fireworks be careful and also be respectful of their neighbors and others by following the Evansville Municipal Code relating to the usage of fireworks. Attached below is the Municipal Code.
9.10.020 Fireworks – Evansville Municipal Code
(A) Consumer fireworks may be used within the corporate limits of the City of Evansville only under the provisions of this section.
(1) For the purposes of this section, the term “consumer fireworks†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 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 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:
(a) Include:
(i) Aerial devices, which include sky rockets, missile-type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
(ii) Ground audible devices, which include firecrackers, salutes, and chasers; and
(iii) Firework devices containing combinations of the effects described in subsections (A)(1)(a)(i) and (ii) of this section; and
(b) Do not include the following items:
(i) Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed 100 grams per item. Devices containing chlorate or perchlorate salts may not exceed five grams in total composition per item.
(ii) Cylindrical fountains.
(iii) Cone fountains.
(iv) Illuminating torches
(v) Wheels.
(vi) Ground spinners.
(vii) Flitter sparklers.
(viii) Snakes or glow worms.
(ix) Trick noisemakers, which include:
A. Party poppers.
B. Booby traps.
C. Snappers.
D. Trick matches.
(x) Cigarette loads.
(xi) Auto burglar alarms.
(2) No person shall use, ignite or discharge consumer fireworks within the corporate limits of the City of Evansville except during the following times:
(a) Between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m. on June 29th, June 30th, July 1st, July 2nd, July 3rd, July 5th, July 6th, July 7th, July 8th, and July 9th; and
(b) Between the hours of 10:00 a.m. and 12:00 midnight on July 4th; and
(c) Between the hours of 10:00 a.m. on December 31st and 1:00 a.m. on January 1st; and
(d) Repealed by Ord. G-2015-28.
(e) Repealed by Ord. G-2015-28.
(f) If in any calendar year the City bans fireworks for the periods described in subsections (A)(2)(a) and (b) of this section (June 29th through July 9th), then in that calendar year only citizens may discharge consumer fireworks on additional dates as determined by the City Administration between the hours of 5:00 p.m. and two hours after sunset not to exceed 10:30 p.m.
(3) No person may use, ignite, or discharge consumer fireworks on any public street or in any public park or public area within the corporate limits of the City of Evansville at any time.
(4) No person may use, ignite, or discharge consumer fireworks in a manner which causes them to land upon property owned or occupied by another person.
(5) Any person who sells or offers to sell consumer fireworks within the City shall post a clear and conspicuous notice of the restrictions in this section, specifically the dates and times set forth in subsections (A)(2) and (3) of this section at or near each entrance to their business.
(6) This section shall not apply to supervised public fireworks displays which are in compliance with IC 22-11-4-1 et seq. and have been properly permitted and approved.
(B) No person shall conduct a fireworks display unless that person has obtained a permit from the State Fire Marshal pursuant to IC 22-11-14-2. Before applying to the State Fire Marshal for a permit, the applicant must show proof of insurance in the amount of not less than $100,000 for damages caused to a person or persons, and not less than $100,000 for damage to property. The applicant must also obtain a license for the display from the Chief of the Fire Department. The Chief of the Fire Department may issue a license for a fireworks display only upon finding that the applicant is qualified to conduct the display; and the display will not be hazardous to persons or property. [Ord. G-2015-28, passed 9-28-15; Ord. G-2012-14 § 1, passed 8-15-2012; Ord. G-2010-24 § 1, passed 11-10-10; Ord. G-2010-18 § 1, passed 7-2-10; Ord. G-2007-9, passed 8-28-07. 1962 Code, Art. 2, Ch. 6, § 2; 1982 Code § 131.02; 1983 Code § 13.131.02.]
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