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ORDINANCE RESCINDING ORDINANCE 2007-OR-50 <br /> AND REPLACING THIS ORDINANCE WITH <br /> 2018-OR- J7.) <br /> WHEREAS, the State of Indiana has enacted legislation that allows the sale of <br /> fireworks in the State. <br /> WHEREAS, the State statutes specifically define the time, place and manner that <br /> fireworks can be sold and discharged. <br /> WHEREAS, the State statute defines instances wherein the discharge of of <br /> fireworks at places and times in derogation of the statutes can be both a crime and/or a <br /> civil infraction. <br /> WHEREAS, Indiana statute provides Cities and Towns the right and obligation to <br /> promulgate legislation and ordinances that provide for the best interest of the public, <br /> safety and health. <br /> WHEREAS, the Jeffersonville City Council has the authority to enact ordinances <br /> that are more restrictive than State statute but CANNOT enact statues that are more <br /> expansive than State statute. <br /> WHEREAS, the City Council CANNOT enact ordinances that are penal in nature. <br /> However, the City Council can enact ordinances that are civil in nature. In sum, the City <br /> Council can assess monetary penalties for violations of ordinances. The burden of <br /> proof shall be 'the greater weight of the evidence' and/or the 'preponderance' of the <br /> evidence. The accused shall be granted all due process right <br /> IN CONSIDERATION OF THE FORGOING, BE IT RESOLVED THAT: <br /> 1 <br />