Indiana Statewide Rule
Indiana Fireworks Law Preempts Local Bans
Key Facts
- Preemption statute
- IC 22-11-14-10.5
- Standard hours
- 9 a.m. to 11 p.m.
- Extended hours
- Midnight on holidays and Dec 31
- Public safety fee
- 5% of sale
- Local bans
- Preempted
Summary
Indiana Code 22-11-14 lets adults use consumer fireworks statewide and bars local bans; cities may only regulate days and hours. Discharge is allowed 9 a.m. to 11 p.m., extending to midnight on state legal holidays and December 31.
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.
Full Breakdown
Under IC 22-11-14-10.5, Indiana cities and counties cannot ban consumer fireworks but may regulate the days and hours of use. State law permits discharge between 9:00 a.m. and 11:00 p.m., extending to midnight on Indiana legal holidays (as defined in IC 1-1-9-1), including Memorial Day, July 4, and Labor Day, and on December 31. Use is limited to the user's property, property where permission is given, or a designated discharge area. Fireworks must be APA 87-1 certified consumer-grade; sales require state certification and carry a 5% public safety fee.
Violations & Penalties
Discharging outside permitted hours or locations is a Class C infraction (up to $500). Fires causing damage may be charged as a Class A misdemeanor with fines up to $5,000 and one year jail.
Frequently Asked Questions
Can my Indiana city ban consumer fireworks?
When can I legally light fireworks in Indiana?
Sources
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