Communities working to ban fireworks despite ordinance

Local Indiana communities may go further than ever to stop people from setting off fireworks because of the dry conditions. State law says that you can shoot off fireworks between June 29 and July 9, but that could soon be challenged in court.

Most of Central Indiana is currently under a burn ban. Fireworks are a major concern with this dry weather according to one emergency management official.

"This is Colorado-like temperatures and conditions."

Even though there is a burn ban in place, that doesn't mean no fireworks because fireworks are protected under state law.

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.

The City of Westfield released the following statement Thursday:

"The City of Westfield is collaborating with Hamilton County officials to determine if a possible Emergency Disaster Declaration should be instituted. If such declaration is effective, it would constitute a mandatory restriction on all consumer fireworks."