WHEREAS, during the recent legislative session the Indiana General Assembly passed Senate Enrolled Act 9, which becomes effective upon the signature of the Governor; and
WHEREAS, Senate Enrolled Act 9 adds to the Indiana Code I.C. 22-11-14-10.5, which is designed to limit the use of consumer fireworks to thirteen (13) days of the year; and
WHEREAS, Senate Enrolled Act 9, as codified in I.C. 22-11-14-10.5, gives municipalities the ability to regulate the use of consumer fireworks, subject to the thirteen (13) days specifically exempted; and
WHEREAS, the Town of Claypool desires to adopt the regulations as set forth in Indiana Code 22-11-14-10.5, as amended from time to time.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN BOARD OF THE TOWN OF CLAYPOOL, INDIANA,THAT:
Section 1. No person shall fire any type of firecracker or other type of firework within the town limits except for 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; between the hours of 10:00 a.m. and 12:00 midnight on July 4; and between the hours of 10:00 a.m. on December 31 and 1:00 a.m. on January 1.
Section 2. Any ordinance in effect which is inconsistent or conflicts with any part of this Ordinance is expressly repealed to the extent of such inconsistency or conflict, and the remainder of the Ordinance shall be unaffected and remain in effect.
Section 3. PENALTY. The penalty for violation of this chapter shall be a fine of not less than $100, nor more than $500.
Section 4. This Ordinance shall be in full force and effect from and after its passage by the Town Board, its approval by Town Board, and the fulfillment of all statutory requirements.
