BURN BAN INCLUDES FIREWORKS
July 3, 2012
In the continuing saga of whether fireworks are included In Bluffton's ban on burning, Indiana State Attorney General Greg Zoeller has made a ruling that city emergency declarations trump state laws concerning fireworks.
This means that contrary to information available earlier Tuesday, the city's ban on burning INCLUDES FIREWORKS.
“They do have this authority,” Zoeller told a reporter with WISH-TV in Indianapolis, “and the state specific statute about fireworks gets trumped by that larger grant under home rule to protect the public.”
Bluffton Fire Inspector Chris Broderick released the following information Tuesday afternoon:
"Legal Opinion of Indiana Attorney General
This was released by the Indiana DHS and the Indiana State Fire Marshal:
“The Indiana Department of Homeland Security (IDHS) and the Indiana State Fire Marshal, after consultation with the Indiana Attorney General’s Office, are offering additional guidance about local regulation of fireworks. The department has received many questions from local communities over the past several days.
Relying upon both the home rule authority and the local disaster emergency authority, local entities may restrict the locations fireworks can be used in their communities. Keeping this restriction at the local level can provide proper protections for public safety while still allowing for the celebrations that are common around Independence Day. Jurisdictions can limit use to certain areas of their communities and prohibit use in other areas in the interest of public safety during the days and hours that fireworks are allowed”