South Bend Fireworks Laws for Display and Purchase June 19, 2013

Fireworks usage in the City of South Bend:

(a) Consumer fireworks may be used within the corporate limits of the City of South Bend only under the provisions of this section.

(1) For purposes of this section, the term “consumer firework” means: a small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR 1507. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing fifty (50) milligrams or less of explosive composition, and aerial devices containing one hundred thirty (130) milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect. Consumer fireworks:

a. Include:

1. Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;

2. Ground audible devices, which include firecrackers, salutes, and chasers; and

3. Firework devices containing combinations of the effects described in clauses 1. and 2.; and

b. Do not include the following items:

1. Dipped sticks or wire sparklers. However, total pyrotechnic composition may not exceed one hundred (100) grams per item. Devices containing chlorate or perchlorate salts may not exceed five (5) grams in total composition per item.

2. Cylindrical fountains.

3. Cone fountains.

4. Illuminating torches.

5. Wheels.

6. Ground spinners.

7. Flitter sparklers.

8. Snakes or glow worms.

9. Smoke devices.

10. Trick noisemakers, which include:

i. Party poppers.

ii. Booby traps.

iii. Snappers.

iv. Trick matches.

v. Cigarette loads

vi. Auto burglar alarms.

(2) No person may use, ignite or discharge consumer fireworks within the corporate limits of the City of South Bend except during the following times:

a. Between the hours of 5:00 p.m. and 11:00 p.m. on June 29, 30, July 1, 2, 3, 5, 6, 7, 8, and 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.

(3) No person may use, ignite, or discharge consumer fireworks on any public street or in any public park within the corporate limits of the City of South Bend at any time.

(4) Any person violating this subsection shall be subject to the following penalties:

a. One hundred dollars ($100.00) for a first offense;

b. Two hundred fifty dollars ($250.00) for a second;

c. Five hundred dollars ($500.00) for a third offense and every subsequent.

d. Any person issued a citation for violating any provision of section 13-59 shall make payment through the Ordinance Violations Bureau. Failure to make payment within thirty (30) days of the issuance of a citation for violation of any provision of section 13-59 shall result in the assessment of a late fee of fifty dollars ($50.00).

e. In such instances where using, igniting or discharging consumer fireworks results in a fire and damage is determined to be caused by negligence or the willful disregard or violation of any of the provisions of this article, a fine equal to the cost expended by the City to send fire suppression personnel and equipment to the location shall be assessed with said fine not exceeding two thousand five hundred dollars ($2,500.00).

f. A citation for a violation of section 13-59 shall be issued to the responsible party. A responsible party is defined as the person shown to have exclusive possession of the property (a present possessory interest). If no responsible party is present upon the premises, the responsible party is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. In such an instance, copies of the citation must be mailed to the property owner as determined from the Assessor’s records.

(b) Any person wishing to give a supervised public display of fireworks may do so by first procuring a license from the City and filing bond in the sum of fifty thousand dollars ($50,000.00), conditioned on the payment of all damages which may be caused either to a person or property by reason of such licensed display or arising from any acts of the licensee, his agents, employees or subcontractors. The license fee shall be twenty dollars ($20.00) per day for each day of such public display.

(c) Any public display of fireworks shall be conducted in all things in accordance with the rules and regulations adopted and set out by the Fire Marshal of the State, and as the same are restricted or designated by the Acts of the General Assembly of the State. All definitions contained in such acts shall apply to the terms of this section.

(Code 1962, § 26-11; Ord. No. 9769-07, § I, 6-25-07)