Communities working to ban fireworks despite ordinance

Hamilton County lawyers are currently looking into the option of using the following state law to trump the fireworks protection:

IC 10-14-3-29 Local disaster emergency¿   
Sec. 29. (a) A local disaster emergency:¿
(1) may be declared only by the principal executive officer of a political subdivision; and¿
(2) may not be continued or renewed for more than seven (7) days except by or with the consent of the governing board of the political subdivision.¿Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly in the office of the clerk of the political subdivision.¿  
    (b) The effect of a declaration of a local disaster emergency is to:¿
(1) activate the response and recovery aspects of all applicable local or interjurisdictional disaster emergency plans; and¿
(2) authorize the furnishing of aid and assistance under the plans.¿  
    (c) An interjurisdictional agency or official may not declare a local disaster emergency unless expressly authorized by the agreement under which the agency functions. However, an interjurisdictional disaster agency shall provide aid and services according to the agreement.¿  
    (d) If a local disaster emergency is declared under this section, the political subdivision may not prohibit individuals engaged in employment necessary to:¿
(1) maintain a safe rail system;¿
(2) restore utility service; or¿
(3) provide any other emergency public service;¿from traveling on the highways within the political subdivision during the local disaster emergency.

Westfield city officials said a decision should come within a few days.

"Probably a decent idea because people drink a lot and then they like to light them. Probably is a decent idea to ban that if it is so dry," said Jody Street, Hamilton County resident.

 "I think people are still going to do it if they want to," said Chris Byerly.

Sylvia Bakas is hoping they can come up with a better solution.

"I think they should try to figure out a compromise, maybe an area. I still think people should be allowed to fire off fireworks on the Fourth of July."