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FIREWORKS OK to launch in Bartholomew County - only discouraged, as of now

02/07/2012 14:04:00 / Reads: 2952 | New today: 1 |

In 2006, Indiana’s commercial fireworks dealers pressured state lawmakers to approve a law making it legal for Hoosiers to shoot off fireworks from June 29 to July 9.

To launch or not to launch - that is the question, it all comes down to common sense. Some would think the officials are "out" to get us, and ruin our fun this 4th of July - I don't think that is the intent at all, but rather a true concern for safety. We all should listen to their recommendations, but if you chose to launch - do it with brains. Take precautions before you light.

Indiana law allows fireworks from June 29 to July 9 regardless of whether local burn bans are in place. The only way "MAYBE" around the law - a declared drought disaster emergency would have to be enacted. This hasn't happened in Bartholomew County, and most likely it won't be either due to the time constrants.

State law dictates that people using fireworks must be at least 18 or have an adult present. Fireworks are only to be displayed on the user's property, where they have permission to display, and they can be ignited only from 9 a.m. to 11 p.m., except on July 4, when they can be lit until midnight.

See Indiana bans on Fireworks

What Columbus might enact next year -

IC 22-11-14-10.5
"Use" defined; adoption of ordinance by county or municipality concerning use of consumer fireworks
     Sec. 10.5. (a) As used in this section, the term "use" means the ability of a county or municipality to regulate the days and hours when consumer fireworks may be used, ignited, or discharged.
    (b) Notwithstanding any other provision of this chapter:
        (1) a county may adopt an ordinance concerning the use of consumer fireworks in the unincorporated areas of the county; and
        (2) a municipality may adopt an ordinance concerning the use of consumer fireworks within the corporate limits of the municipality.
    (c) An ordinance adopted under this section:
        (1) may limit the use of consumer fireworks in the county or municipality;
        (2) may not be more lenient than a rule adopted by a state agency concerning the use of fireworks; and
        (3) may not limit the use of consumer fireworks:
            (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.

What happened today in Columbus - Commissioners opinion mistaken as prohibited.

It happened with the simple opinion by the Commissioners "when in fact the commissioners were publicly expressing an opinion that fireworks are a bad idea when conditions are this dry." - The Republic

I don't believe it did happen like that, while I think an opinion was made about how a firework ban would be in the best interest of Bartholomew county due to the dry conditions, it was used to "strong arm" or send a message that indeed fireworks are prohibited from being launched.

That simply isn't the case, thus causing The Republic to issue a change in their "news". The Republic reported consumer fireworks were prohibited (photos below) at 11:30 this AM, but by 1:30 changed to.

The reason for the change per State law, they cannot ban them unless they declare an emergency status, which requires an emergency meeting. Indiana Code 10-14-3-29 is the code outlining this. As of now there hasn't been any reports of anyone challenging the drought disaster ban on fireworks in court. I guess it would only be challenged if one was facing thousands in fines for launching fireworks off.

So the request "The Bartholomew County Commissioners are asking that people outside the county's incorporated areas refrain from setting off consumer fireworks until the countywide burn ban is lifted." instead of saying "they prohibited the use of consumer fireworks.