Your Annoying Neighbor is Still Lighting off Fireworks. When Do You Call the Cops?

The 4^th of July is now just days away, and while the excitement of celebration builds up in all of us, so does the dread of knowing some neighbors will be extending their festivities far past Independence Day. Whether you’re already hearing the fireworks go off, they’re being lit off at 3:00 a.m. on July 4^th, or a week after the holiday you still hear them trying to get rid of those left over firecrackers, you should know when you can and when you can’t call the police. Citizens of Fishers, Noblesville, Westfield and Carmel; Attorney Mario Massillamany has your answer.

According to Fishers Ordinance 041513C, “It shall be unlawful to use or display or permit to be used or displayed within Fishers' municipal boundaries any type of consumer firework on any day or time other than the following:

(A) Between the hours of 5:00 p.m. and two 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 (…).”

The Noblesville Common Council unanimously approved Ordinance #3-1-09, an ordinance revising the Noblesville Fire Prevention Code.  This ordinance adopts changes approved by the Indiana General Assembly under Indiana Code 22-11-14-10.5.  The City of Noblesville's fireworks ordinance now states that consumer fireworks may only be used in the Noblesville city limits during the following days and times:

“(A) Between the hours of 5:00 p.m. and two 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 (…).”

The Westfield Fireworks ordinance states that the use of fireworks within the City of Westfield is prohibited at all times and locations with the following exceptions:

 “(A) Between the hours of 5:00 p.m. and 12:00 midnight 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 (…).”

Carmel’s Fireworks Ordinance D-1968-09 similarly states that, “Legal consumer fireworks can be shot off:

Between the hours of 5 p.m. and midnight on the following days:

o   June 29

o   June 30

o   July 1

o   July 2

o   July 3

o   July 5

o   July 6

o   July 7

o   July 8

o   July 9

Between the hours of 10 a.m. and midnight on July 4^th (…).”

Pay close attention to the specified dates and times of your city’s ordinance. If you have a neighbor that is not complying with said ordinance, call the local law enforcement.  Have a fun and safe 4^th of July, and remember to be mindful of the above regulations!

Mario Massillamany is a founding partner of Massillamany & Jeter LLP, a full-service law firm serving central Indiana.  For more information on this topic, please contact Mr. Massillamany at (317) 432-3443 or by e-mail at: mario@mjattorneys.com.

This article is not intended to serve as legal advice.  Should you have questions about this topic, you should consult with a licensed lawyer.