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Fireworks Rules and Fire Safety in Hamilton County

There are a number of holidays in American that are typically celebrated with fireworks or noise makers.  Whenever celebrating with fireworks or noise makers, it is wise to be familiar with the ordinances in your community concerning such items.  For example, City officials in Carmel, Fishers, and Noblesville each have a series of ordinances limiting the days and times when residents can legally shoot off fireworks.  City officials determined that this was necessary due to the increasing frequency of fireworks use in each community causing a nuisance in those communities.

Shown below are the relevant portions of the various city ordinances in Hamilton County.  

Carmel

Legal consumer fireworks can be shot off:

Between the hours of 5 p.m. and midnight on the following days:

  • June 29, June 30, July 1, July 2, July 3
  • July 5, July 6, July 7, July 8, July 9

Between the hours of 10 a.m. and midnight on July 4.

Between the hours of 10 a.m. on December 31 and 1 a.m. on January 1.

Noblesville

(A)   Pursuant to I.C. 22-11-14-10.5, consumer fireworks may only be used in the City of Noblesville, Indiana, corporate limits during the days and times listed in I.C. 22-11-14-10.5(c)(3) which are listed below:

      (1)   Between the hours of 5:00 p.m. and two 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.

      (2)   Between the hours of 10:00 a.m. and 12:00 midnight on July 4.

      (3)   Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(B)   In the event that the hours of use for consumer fireworks listed in I.C. 22-11-14-10.5(c)(3) are amended, the state statute shall control.

Fishers

It shall be unlawful to use or display or permit to be used or displayed within Fishers’ municipal boundaries any type of consumer firework on any day or time other than the following:

(A)   Between the hours of 5:00 p.m. and two 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;

(B)   Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

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

Westfield

The Council does now prohibit the use of fireworks within the City of Westfield at all times and locations with the exception of the following dates and times:

(A) Between the hours of 5:00 p.m. and two (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;

(B) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

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

(D) Any other time and location duly authorized by the City of Westfield by permit to be obtained prior to the scheduled event.


Even though it is permissible to use consumer fireworks in these Hamilton County communities, every citizen should still keep in mind that there are criminal penalties under Indiana law for the misuse of fireworks.  Before celebrating with fireworks, it is recommended that a person familiarize themselves with these laws.  For example, Indiana Code  22-11-14-6 sets forth civil and criminal violations for misuse of fireworks.  This statute reads as follows:

Sec. 6. (a) A person who recklessly, knowingly, or intentionally violates section 2(f), 4.5, 5(c), 5(d), 7, 8(a), 8(c), 8(d), 10, or 11(c) of this chapter commits a Class A misdemeanor.

(b) A person who ignites, discharges, or uses consumer fireworks at a site other than:

(1) a special discharge location;

(2) the property of the person; or

(3) the property of another who has given permission to use the consumer fireworks; commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(c) A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location of the possession or use commits a Class C infraction. However, if a person possesses or uses a firework when an adult is not present and responsible at the location of the possession or use within five (5) years after a previous possession or use by the person as described in this subsection, whether or not there has been a judgment that the person committed an infraction in the previous possession or use, the person commits a delinquent act under IC 31-37.

(d) A person who ignites, discharges, or uses consumer fireworks:

(1) after 11 p.m. except on a holiday (as defined in IC 1-1-9-1(a)) or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or

(2) before 9 a.m.; commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(e) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor.

(f) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Level 6 felony.

(g) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Level 5 felony.

(h) A person who knowingly or intentionally fails to collect or remit to the state the public safety fees due under section 12 of this chapter commits a Level 6 felony.

Failure to follow these local ordinances and state laws, can result in a person facing the possibility of fines or even jail.  Should a person find themselves in such a situation, it is recommended that they talk to an attorney for legal assistance.  Celebrate wisely!  Celebrate Safely!

 

Shown below are the relevant portions of the various city ordinances in Hamilton County. 

Carmel

Legal consumer fireworks can be shot off:

Between the hours of 5 p.m. and midnight on the following days:

§  June 29, June 30, July 1, July 2, July 3

§  July 5, July 6, July 7, July 8, July 9

Between the hours of 10 a.m. and midnight on July 4.

Between the hours of 10 a.m. on December 31 and 1 a.m. on January 1.

Noblesville

(A)   Pursuant to I.C. 22-11-14-10.5, consumer fireworks may only be used in the City of Noblesville, Indiana, corporate limits during the days and times listed in I.C. 22-11-14-10.5(c)(3) which are listed below:

      (1)   Between the hours of 5:00 p.m. and two 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.

      (2)   Between the hours of 10:00 a.m. and 12:00 midnight on July 4.

      (3)   Between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.

(B)   In the event that the hours of use for consumer fireworks listed in I.C. 22-11-14-10.5(c)(3) are amended, the state statute shall control.

Fishers

It shall be unlawful to use or display or permit to be used or displayed within Fishers’ municipal boundaries any type of consumer firework on any day or time other than the following:

(A)   Between the hours of 5:00 p.m. and two 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;

(B)   Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

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

Westfield

The Council does now prohibit the use of fireworks within the City of Westfield at all times and locations with the exception of the following dates and times:

(A) Between the hours of 5:00 p.m. and two (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;

(B) Between the hours of 10:00 a.m. and 12:00 midnight on July 4; and

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

(D) Any other time and location duly authorized by the City of Westfield by permit to be obtained prior to the scheduled event

Even though it is permissible to use consumer fireworks in these Hamilton County communities, every citizen should still keep in mind that there are criminal penalties under Indiana law for the misuse of fireworks.  Before celebrating with fireworks, it is recommended that a person familiarize themselves with these laws.  For example, Indiana Code  22-11-14-6 sets forth civil and criminal violations for misuse of fireworks.  This statute reads as follows:

Sec. 6. (a) A person who recklessly, knowingly, or intentionally violates section 2(f), 4.5, 5(c), 5(d), 7, 8(a), 8(c), 8(d), 10, or 11(c) of this chapter commits a Class A misdemeanor.

(b) A person who ignites, discharges, or uses consumer fireworks a t a site other than:

(1) a special discharge location;

(2) the property of the person; or

(3) the property of another who has given permission to use the consumer fireworks; commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(c) A person less than eighteen (18) years of age who possesses or uses a firework when an adult is not present and responsible at the location of the possession or use commits a Class C infraction. However, if a person possesses or uses a firework when an adult is not present and responsible at the location of the possession or use within five (5) years after a previous possession or use by the person as described in this subsection, whether or not there has been a judgment that the person committed an infraction in the previous possession or use, the person commits a delinquent act under IC 31-37.

(d) A person who ignites, discharges, or uses consumer fireworks:

(1) after 11 p.m. except on a holiday (as defined in IC 1-1-9-1(a)) or December 31, on which dates consumer fireworks may not be ignited, discharged, or used after midnight; or

(2) before 9 a.m.; commits a Class C infraction. However, if a person recklessly, knowingly, or intentionally takes an action described in this subsection within five (5) years after the person previously took an action described in this subsection, whether or not there has been a judgment that the person committed an infraction in taking the previous action, the person commits a Class C misdemeanor.

(e) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation causes harm to the property of a person commits a Class A misdemeanor.

(f) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in serious bodily injury to a person commits a Level 6 felony.

(g) A person who recklessly, knowingly, or intentionally uses consumer fireworks and the violation results in the death of a person commits a Level 5 felony.

(h) A person who knowingly or intentionally fails to collect or remit to the state the public safety fees due under section 12 of this chapter commits a Level 6 felony.

Failure to follow these local ordinances and state laws, can result in a person facing the possibility of fines or even jail.  Should a person find themselves in such a situation, it is recommended that they talk to an attorney for legal assistance.  Celebrate wisely!  Celebrate Safely!

Anne Poindexter Wins her Primary Election!