Fishers bans fireworks

[88GT]

THANK YOU! My neighbors act like idiots for the few days surrounding the 4th. I get that they can do what they want on their property, but shooting fireworks in to my house (and the other neighbors) isn't acceptable!

I'm really worried about this 4th, I won't be surprised if I read about entire sections of sub-divisions on fire.

My neighbors act like idiots all year long ... but the 4th seems especially bad.

I suppose there are drawbacks to living with a bunch of lower- to middle-class rednecks.

 

[Tsigos]

according to the fire cheif at work, at least in vigo county, but Im pretty sure he said it was a state wide thing, the local fire depts can cancel ANY public display of fireworks, and they probably will here, but they CAN NOT cancel private fireworks.

The Hamilton county ban includes a ban on private fireworks. They recognize it violates state law but feel that state law cannot override local law in the event of an emergency. They will enforce the ban now and worry about a challenge in court later.

 

[Cemetery-man]

Countywide ban on all fireworks public or private in effect here. Jail time and/or $1000 fine for violations will be strictly enforced according to the memo from the fire chief last week. Town is ignoring the ban and having their fireworks display anyway which is causing quite an uproar with the county officials who have stated they will allow them to go on but but are very upset with the decision. It will be interesting to see if they fine the town and/or fire dept. for doing so which is the rumor.

 

[pute62]

Hamilton County has now banned all fireworks for the next seven days. They did so by declaring a state of emergency due to drought.

Hamilton County, Indiana / Document Center / EMERGENCY DECLARATION: Ban On Open Burning and Fireworks
BOARD OF COMMISSIONERS OF HAM. CO. DECLARE AN EMERGENCY CAUSED BY DROUGHT AND PROHIBITING OPEN BURNING AND THE USE OF FIREWORKS | Facebook

This is typical of Hamilton Co. It's funny that Noblesville will still have their display (so far) but Cicero canceled and it's over water. I'm just glad that everyone I live by will get their Happy Pappy check in time to spend it all on fireworks. (makes for shorter lines at Walmart) Freedom is great when you get to pay for the less fortunate.

 

[Naptown]

This is typical of Hamilton Co. It's funny that Noblesville will still have their display (so far) but Cicero canceled and it's over water.

What's typical? Common Sense?

I guess I'm glad the rules are set and I won't be arguing with some drunk redneck that still thinks it's OK to send mortars off all night in these dry conditions.

 

[pute62]

What's typical? Common Sense?

I guess I'm glad the rules are set and I won't be arguing with some drunk redneck that still thinks it's OK to send mortars off all night in these dry conditions.

Just seems to me that common sense would include banning your own town show. I see Fishers,Westfield and Cicero have canceled do to "common sense" but yet Noblesville is thus far on with the show.Guess it's not a problem to pick and choose which laws you make and break in Hamilton Co. I honestly agree that they should cancel/postpone the shows and not let the private sector shoot them off at all but I also believe in practice what you preach.
As for "redneck", you would need to define that one for me as I think I may be one. I mean I wear sleeveless shirts,drink beer,like to shoot off fireworks and guns but I always know to say please and thank you to a ma'am or sir.

 

[perry]

Despite the ban, the signs around town about it, the email from the homeowners association, and the news coverage... I still heard people a block or two back last night setting them off. Same as they have been doing for a couple weeks.

I was at Meijer, Sam's, and Marsh on Saturday. All had their displays out and no signs mentioning the ban. I have a feeling the the 3rd and 4th will be business as usual around here.

 

[handgun]

Bottle.rocket time

Screw you Hamilton county.. take my ass to jail.. i will sue for unlawful imprisonment... and then buy some really cool guns.. they screwed up big time by stating they will do what ever and worry about it later... police states are bad bad bad.. local gov thinking they can trump state... citys are not sovergin.. states are..

 

[PeaShooter]

Hope fishers cancels theirs now that we have had some rain. I am supposed to go the symphony on the prairie for the 4th celebration and it wouldn't be as nice without the fireworks.

 

[theweakerbrother]

I'm a lower class redneck, I think I'm okay. Just kidding, Or maybe it's class-less. Or maybe I'm not a redneck. I just know that I'm poor and my neighbors are pretty worthless, too. I guess it takes one to know one, though.

 

[Rookie]

My neighbor is launching mortars. More power to him.

 

[Lucas156]

Will be setting off some smaller fireworks with a fire extinguisher nearby. I know its dry but I think its still necessary to celebrate freedom.

 

[Tydeeh22]

i find a ton of value in spending hundreds of dollars on fireworks.. it is as if my money is blowing up...

we prefer to go to the range, use some shockwave, make some other "homemade" fireworks, etc.

 

[MikeDVB]

We usually set off fireworks for the 4th, but not this year. Unless it rains enough to bring the grass back to life, the fireworks are cancelled. Not burning down my property or my neighbours.

Same for us, exactly. I'll likely spend most of my night standing outside near the hose unfortunately. They about set my house on fire last year and it wasn't as dry.

 

[Denny347]

Indy has declared a declared a local disaster emergency with an executive order under Indiana code 36-8-2-4

IC 36-8-2-4
Regulation of dangerous conduct or property
Sec. 4. A unit may regulate conduct, or use or possession of property, that might endanger the public health, safety, or welfare.
As added by Acts 1980, P.L.211, SEC.3.

Also 10-14-3-9

IC 10-14-3
Chapter 3. Emergency Management and Disaster Law

IC 10-14-3-1
"Disaster"
Sec. 1. (a) As used in this chapter, "disaster" means an occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural phenomenon or human act.
(b) The term includes any of the following:
(1) Fire.
(2) Flood.
(3) Earthquake.
(4) Windstorm.
(5) Snowstorm.
(6) Ice storm.
(7) Tornado.
(8) Wave action.
(9) Oil spill.
(10) Other water contamination requiring emergency action to avert danger or damage.
(11) Air contamination.
(12) Drought.
(13) Explosion.
(14) Technological emergency.
(15) Utility failure.
(16) Critical shortages of essential fuels or energy.
(17) Major transportation accident.
(18) Hazardous material or chemical incident.
(19) Radiological incident.
(20) Nuclear incident.
(21) Biological incident.
(22) Epidemic.
(23) Public health emergency.
(24) Animal disease event requiring emergency action.
(25) Blight.
(26) Infestation.
(27) Riot.
(28) Hostile military or paramilitary action.
(29) Act of terrorism.
(30) Any other public calamity requiring emergency action.
As added by P.L.2-2003, SEC.5. Amended by P.L.22-2005, SEC.7.
IC 10-14-3-2
"Emergency management"
Sec. 2. As used in this chapter, "emergency management" means the preparation for and the coordination of all emergency functions, other than functions for which military forces or other federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters. The functions include the

following:
(1) Firefighting services.
(2) Police services.
(3) Medical and health services.
(4) Rescue.
(5) Engineering.
(6) Warning services.
(7) Communications.
(8) Radiological, chemical, and other special weapons defense.
(9) Evacuation of persons from stricken areas.
(10) Emergency welfare services.
(11) Emergency transportation.
(12) Plant protection.
(13) Temporary restoration of public utility services.
(14) Other functions related to civilian protection.
(15) All other activities necessary or incidental to the preparation for and coordination of the functions described in subdivisions (1) through (14).
As added by P.L.2-2003, SEC.5.

IC 10-14-3-3
"Emergency management worker"
Sec. 3. As used in this chapter, "emergency management worker" includes any full-time or part-time paid, volunteer, or auxiliary employee of:
(1) the state;
(2) other:
(A) states;
(B) territories; or
(C) possessions;
(3) the District of Columbia;
(4) the federal government;
(5) any neighboring country;
(6) any political subdivision of an entity described in subdivisions (1) through (5); or
(7) any agency or organization;
performing emergency management services at any place in Indiana subject to the order or control of, or under a request of, the state government or any political subdivision of the state. The term includes a volunteer health practitioner registered under IC 10-14-3.5.
As added by P.L.2-2003, SEC.5. Amended by P.L.134-2008, SEC.1.

IC 10-14-3-4
"Energy"
Sec. 4. As used in this chapter, "energy" means coal, petroleum or other liquid fuels, natural or synfuel gas, or electricity.
As added by P.L.2-2003, SEC.5.

IC 10-14-3-5

"Energy emergency"
Sec. 5. As used in this chapter, "energy emergency" means an existing or projected shortfall of at least eight percent (8%) of motor fuel or of other energy sources that threatens to seriously disrupt or diminish energy supplies to the extent that life, health, or property may be jeopardized.
As added by P.L.2-2003, SEC.5.
IC 10-14-3-5.5
"Local travel advisory"
Sec. 5.5. As used in this chapter, "local travel advisory" means the level of emergency declared under section 29 of this chapter by the principal executive officer of a political subdivision to alert the traveling public of emergency conditions that may require the imposition of travel restrictions.
As added by P.L.40-2011, SEC.1.

IC 10-14-3-6
"Political subdivision"
Sec. 6. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13.
As added by P.L.2-2003, SEC.5.

IC 10-14-3-7
Declaration of purposes
Sec. 7. (a) Because of the existing and increasing possibility of disasters or emergencies of unprecedented size and destructiveness that may result from manmade or natural causes, to ensure that Indiana will be adequately prepared to deal with disasters or emergencies or to prevent or mitigate those disasters where possible, generally to provide for the common defense, to protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is found and declared to be necessary:
(1) to provide for emergency management under the department of homeland security;
(2) to create local emergency management departments and to authorize and direct disaster and emergency management functions in the political subdivisions of the state;
(3) to confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided in this chapter;
(4) to provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government to carry out emergency, disaster, or emergency management functions; and
(5) to authorize the establishment of organizations and the implementation of steps that are necessary and appropriate to carry out this chapter.
(b) It is also the purpose of this chapter and the policy of the state to:

(1) coordinate all emergency management functions of this state to the maximum extent with the comparable functions of:
(A) the federal government, including the federal government's various departments and agencies;
(B) other states and localities; and
(C) private agencies of every type;
so that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur;
(2) prepare for prompt and efficient rescue, care, and treatment of persons victimized or threatened by disaster;
(3) provide a setting conducive to the rapid and orderly start of restoration and rehabilitation of persons and property affected by disasters;
(4) clarify and strengthen the roles of the:
(A) governor;
(B) state agencies; and
(C) local governments;
in the prevention of, preparation for, response to, and recovery from disasters;
(5) authorize and provide cooperation between departments of government in:
(A) disaster prevention;
(B) preparedness;
(C) response; and
(D) recovery;
(6) authorize and provide coordination of activities relating to:
(A) disaster prevention;
(B) preparedness;
(C) response; and
(D) recovery;
by agencies and officers of Indiana, and similar state-local, interstate, federal-state, and foreign activities in which the state and its political subdivisions may participate; and
(7) provide a disaster management system embodying all aspects of pre-disaster preparedness, disaster operations, and post-disaster response.
As added by P.L.2-2003, SEC.5. Amended by P.L.1-2006, SEC.175.
IC 10-14-3-8
Limitations on applications of chapter
Sec. 8. (a) This chapter may not be construed to do the following:
(1) Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety.
(2) Interfere with the dissemination of news or comment on public affairs. However, a communications facility or organization, including radio and television stations, wire services, and newspapers, may be required to transmit or print

public service messages furnishing information or instructions in connection with a disaster emergency.
(3) Affect the jurisdiction or responsibilities of police forces, firefighting forces, or units or personnel on active duty of the United States' armed forces. However, state, local, and interjurisdictional disaster emergency plans must rely on the forces available for performance of functions related to disaster emergencies.
(4) Limit, modify, or abridge the authority of the governor to proclaim martial law or exercise any other powers vested in the governor under the constitution, statutes, or common law of Indiana independent of or in conjunction with any provisions of this chapter.
(b) This chapter does not limit or in any way affect the responsibilities of the American National Red Cross under 36 U.S.C. 300101 et seq. and 42 U.S.C. 5121 et seq.
As added by P.L.2-2003, SEC.5.

IC 10-14-3-9
State emergency operations plan; local and interjurisdictional disaster plans; statewide mutual aid program
Sec. 9. (a) The agency shall prepare and maintain a current state emergency operations plan. The plan may provide for the following:
(1) Prevention and minimization of injury and damage caused by disaster.
(2) Prompt and effective response to disaster.
(3) Emergency relief.
(4) Identification of areas particularly vulnerable to disaster.
(5) Recommendations for:
(A) zoning;
(B) building;
(C) other land use controls;
(D) safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and
(E) other preventive and preparedness measures designed to eliminate or reduce disaster or its impact;
that must be disseminated to both the fire prevention and building safety commission and local authorities.
(6) Assistance to local officials in designing local emergency action plans.
(7) Authorization and procedures for the erection or other construction of temporary works designed to protect against or mitigate danger, damage, or loss from flood, conflagration, or other disaster.
(8) Preparation and distribution to the appropriate state and local officials of state catalogs of federal, state, and private assistance programs.
(9) Organization of manpower and chains of command.
(10) Coordination of federal, state, and local disaster activities.
(11) Coordination of the state disaster plan with the disaster

plans of the federal government.
(12) Other necessary matters.
(b) The agency shall take an integral part in the development and revision of local and interjurisdictional disaster plans prepared under section 17 of this chapter. The agency shall employ or otherwise secure the services of professional and technical personnel capable of providing expert assistance to political subdivisions, a political subdivision's disaster agencies, and interjurisdictional planning and disaster agencies. These personnel:
(1) shall consult with subdivisions and government agencies on a regularly scheduled basis;
(2) shall make field examinations of the areas, circumstances, and conditions to which particular local and interjurisdictional disaster plans are intended to apply; and
(3) may suggest revisions.
(c) In preparing and revising the state disaster plan, the agency shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community leaders. In advising local and interjurisdictional agencies, the agency shall encourage local and interjurisdictional agencies to seek advice from the sources specified in this subsection.
(d) The state disaster plan or any part of the plan may be incorporated in rules of the agency or by executive orders.
(e) The agency shall do the following:
(1) Determine requirements of the state and political subdivisions for food, clothing, and other necessities in the event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and equipment.
(3) Adopt standards and requirements for local and interjurisdictional disaster plans.
(4) Provide for mobile support units.
(5) Assist political subdivisions, political subdivisions' disaster agencies, and interjurisdictional disaster agencies to establish and operate training programs and public information programs.
(6) Make surveys of industries, resources, and facilities in Indiana, both public and private, necessary to carry out this chapter.
(7) Plan and make arrangements for the availability and use of any private facilities, services, and property, and if necessary and if the private facilities, services, or property is used, provide for payment for the use under agreed upon terms and conditions.
(8) Establish a register of persons with types of training and skills important in emergency prevention, preparedness, response, and recovery.
(9) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency.
(10) Prepare, for issuance by the governor, executive orders,

proclamations, and regulations necessary or appropriate in coping with disaster.
(11) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this chapter and in implementing programs for disaster prevention, preparation, response, and recovery.
(12) Do other things necessary, incidental, or appropriate to implement this chapter.
(f) The agency shall ascertain the rapid and efficient communications that exist in times of disaster emergencies. The agency shall consider the desirability of supplementing these communications resources or of integrating these resources into a comprehensive intrastate or state-federal telecommunications or other communications system or network. In studying the character and feasibility of any system, the agency shall evaluate the possibility of multipurpose use of the system for general state and local governmental purposes. The agency shall make appropriate recommendations to the governor.
(g) The agency shall develop a statewide mutual aid program to implement the statewide mutual aid agreement.
As added by P.L.2-2003, SEC.5. Amended by P.L.205-2003, SEC.5.

I am afraid that those who fire off fireworks in Indy thinking that the emergency order is illegal will get a very rude awakening. I think these State laws are the same being used around the State to ban the fireworks.

 

[MikeDVB]

I'm honestly too tired to read the full IC, but what are the penalties of lighting fireworks while under this "local disaster emergency"?

 

[Naptown]

As for "redneck", you would need to define that one for me as I think I may be one. I mean I wear sleeveless shirts,drink beer,like to shoot off fireworks and guns but I always know to say please and thank you to a ma'am or sir.

I'm just talking about the jerk who sets his neighbor hood on fire and has no way to put the fire out. Thus, requiring tax dollars to come extinguish the fire(s).

As for redneck, sounds like you are a polite one. I too, have some redneck in me - nothing wrong with what you defined.

 

[Citizen711]

I've got no problem with people still shooting off fireworks in my neighborhood. Like Lucas156 said, it's a core component to our annual celebration of freedom.

What I *do* have a problem with is people doing so irresponsibly. Just as with guns, I would not see them prohibited because some people don't have enough sense to use them. If embers are falling to the ground outside your property, you're wrong.

If I'm at the range and someone sweeps the line with their firearm like an idiot, the last thing I would want to see is everyone getting shown the door.

 

[indyjoe]

I'm honestly too tired to read the full IC, but what are the penalties of lighting fireworks while under this "local disaster emergency"?

The article I was reading last night described how Indianapolis was going to handle it. First offense, you would be told about the ban and given a warning. Second offense was up to $2500 fine or misdemeanor with up to 6 months in jail.

Now the question in my mind is are fireworks now going to be cheap enough to really stock up?

 

[MikeDVB]

They should put it on the Emergency Alert System, and then go right to the fines (especially if somebody catches something on fire). I know if I told my neighbors about the emergency order and the risks, they'd tell me to "f*** off" and would continue their dangerous activities.