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:
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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).
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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:
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Passed and adopted by the Common Council of the City of Jeffersonville, Clark County,
Indiana, this -' day of , 2018.
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ATTEST:
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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,
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This Ordinance approved and signed by me this da of , 2018.
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Mike Mo re, Mayor