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HomeMy WebLinkAbout2018-OR-57 FIREWORKS ORDINANCE RESCINDING ORDINANCE 2007-OR-50 AND REPLACING THIS ORDINANCE WITH 2018-OR- J7.) WHEREAS, the State of Indiana has enacted legislation that allows the sale of fireworks in the State. WHEREAS, the State statutes specifically define the time, place and manner that fireworks can be sold and discharged. WHEREAS, the State statute defines instances wherein the discharge of of fireworks at places and times in derogation of the statutes can be both a crime and/or a civil infraction. WHEREAS, Indiana statute provides Cities and Towns the right and obligation to promulgate legislation and ordinances that provide for the best interest of the public, safety and health. WHEREAS, the Jeffersonville City Council has the authority to enact ordinances that are more restrictive than State statute but CANNOT enact statues that are more expansive than State statute. WHEREAS, the City Council CANNOT enact ordinances that are penal in nature. However, the City Council can enact ordinances that are civil in nature. In sum, the City Council can assess monetary penalties for violations of ordinances. The burden of proof shall be 'the greater weight of the evidence' and/or the 'preponderance' of the evidence. The accused shall be granted all due process right IN CONSIDERATION OF THE FORGOING, BE IT RESOLVED THAT: 1 god-off .5"D SECTION ONE: (a) It shall be unlawful for any person to use, ignite, or discharge any consumer fireworks, as defined in IC 22-11-14, at any place in the consolidated city of Jeffersonville, Indiana, except during the following times: (1) On June 28, between the hours of 5:00 p.m. and 11:00 p.m.; (2) On June 29, between the hours of 5:00 p.m. and 11:00 p.m.; (3) On June 30, between the hours of 5:00 p.m. and 11:00 p.m.; (4) On July 1, between the hours of 5:00 p.m. and 11:00 p.m.; (5) On July 2, between the hours of 5:00 p.m. and 11:00 p.m.; (6) On July 3, between the hours of 5:00 p.m. and 11:00 p.m.; (7) On July 4, between the hours of 10:00 a.m. and 12:00 midnight; (8) On July 5, between the hours of 5:00 p.m. and 11:00 p.m.; (9) On July 6, between the hours of 5:00 p.m. and 11:00 p.m.; (10) On July 7, between the hours of 5:00 p.m. and 11:00 p.m.; (11) On July 8, between the hours of 5:00 p.m. and 11:00 p.m.; (12) On July 9, between the hours of 5:00 p.m. and11:00 p.m.; and (13) On December 31 and January 1, between the hours of 10:00 a.m. on December 31 and 1:00 a.m. January 1. SECTION TWO: (b)Violations of this section are subject to the following enforcement provisions: (1) For this first offense in any twelve (12) month period, shall be subject to admission of violation and payment of the civil penalty of One Hundred Dollars ($100); (2) For the second offense in any twelve month period, the civil penalty is fixed at Two Hundred and Fifty Dollars ($250); and (3) For the third and subsequent offenses in any twelve-month period, a civil penalty of Seven Hundred Fifty ($750). 2 SECTION THREE. All prior ordinances or parts thereof inconsistent with any provision of this ordinance are hereby repealed. SECTION FOUR. The sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are separable, and if any word, phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining words, phrases, clauses, sentences, paragraphs and sections of this Ordinance. SECTON FIVE: This ordinance shall be in full force and effect after its passage, approval and publication according to law. VOTED YES: VOTED NO: LwAteme , UAlk nfildb 3 ,40/ -0)-?-6"2 • Passed and adopted by the Common Council of the City of Jeffersonville, Clark County, Indiana, this -' day of , 2018. 4C-e-<- 1--L Sccs€L - 12t-c-vkiNSi Vice 42,s,,s, cQe/,I ATTEST: lac: id Vicki Conlin, City Clerk Pr-sented by me as Clerk to the Mayor of e aid City of Jeffersonville this day o ,A0 Yr • , 2018. ii_eit, r This Ordinance approved and signed by me this da of , 2018. c Mike Mo re, Mayor