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News-Sentinel.com Your Town. Your Voice.
Opening Arguments

The Cranky Old Man report

I hear you, sister:

Madeline vibrates and dogs my every move. Abby jumps straight up in the air, and Olive looks at me to see if maybe I'd opened the cookie jar. All three of my dogs react differently to loud noises like thunder or fireworks. While Abby and Olive get used to the noises, Madeline looks to me for some kind of respite from the ongoing horror. I've grown to hate Fourth of July fireworks.

The new Indiana fireworks law that removed restrictions on shooting off noisy devices like fireworks, cone fountains, bottle rockets and fire crackers will not make it any easier on pets.

Some stories have downplayed the effects of Indiana's new fireworks legalization. Since people were able to buy them anyway if they just lied a little, why would they buy more now? I'll change my opinion if reports of fireworks sales tell a different story, but I think a lot more people are at least shooting off the things. I've heard more booms in my neighborhood in the last three days than I have in the last three years, and they don't stop at 11 p.m., either.

And my cats, normally unflappable, are nervous wrecks. I don't know why fireworks noise would upset them more than thunder, it does. Poor Dutch huddles in a corner, and Maggie jumps up and zooms through the house every 15 minutes. Maybe I should get them iPod headphones and play them soothing nature sounds. Or sue to get the state to pay for their mental-health counseling.

Posted in: Hoosier lore

Comments

Bob G.
Wed, 07/05/2006 - 8:09am

I'd prefer suing the STATE over this major cluster-you-know-what!
You're not cranky...just sleep-deprived...same as me...lol!

This new *law* flies straight AGAINST the current CITY ordinances concerning noise:

96.03 LOUD AND UNNECESSARY NOISE PROHIBITED.
(A) It shall be a violation of this chapter for a person to make any loud, raucous, improper, unreasonable, offensive or unusual noise, disorder or tumult, which disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the city, or to permit such noise, disorder or tumult to be made in or about his/her house or premises, and the same is hereby declared to be a public nuisance.

(B) Further, it shall be the duty of every owner, occupant, manager, agent or operator of any property, structure, vehicle, or business in the city, to prevent persons using property under their
control from violating this chapter.

(Ord. G-21-93, passed 6-8-93)

96.04 ENUNERATION OF CERTAIN PROHIBITED ACTS.
The following acts, uses or noises, among others, subject to specific exemptions, are declared to be loud, raucous or disturbing noises in violation of this chapter. Such enumeration shall not be deemed to be exclusive:

(A) Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or property in which such machine or device is operated and who is a voluntary listener.

(B) Using, operating or permitting the use or operation of any machine, instrument or device capable of producing or reproducing of sound which is cast upon other properties including the public
right-of-way for the purposes of commercial advertising or to attract attention to any activity, performance,
sale, place or structure.

(C) Using, operating or permitting the use or operation of and machine, instrument or device capable of producing or reproducing any sound on any public transportation vehicle.

(D) Using, operating or permitting to be played, used or operated any machine or device for the producing or reproducing of sound on any public right-of-way adjacent to any school, institution
of higher learning, church or court while the same are in use, or adjacent to any hospital which unreasonably interferes with the working of such institution, or which unduly disturbs patients in the
hospital.

(Ord. G-21-93, passed 6-8-93)

96.05 PROHIBITED NOISE.
No person shall play, use, operate or permit to be played, used or operated, any machine or device for the producing or reproducing of sound, if it is located in or on any of the following:

(A) Any public property, including any public right-of-way, highway, building, sidewalk, park or thoroughfare, if the sound generated is audible at a distance of 30 feet from its source;

(B) Any motor vehicle on a public right-of-way, highway, or public space if the sound generated is audible at a distance of 30 feet from the device producing the sound.

(Ord. G-21-93, passed 6-8-93)

96.16 EXEMPTIONS.
Exemptions shall not be permitted within any duly established QUIET ZONE when such zone is designated by appropriate signage. The following shall be exempted from the provisions of this chapter:

(A) Sound emitted from sirens of authorized emergency vehicles.

(B) Lawn mowers, garden tractors, and similar home power tools when properly muffled, between the hours of 8:00 a.m. and 9:00 p.m. (amended 2006)

(C) Burglar alarms or other warning devices when properly installed on publicly or privately owned property, providing the cause for such alarm or warning device sound is investigated and turned off within a reasonable period of time.

(D) Celebrations on Halloween and legal holidays.

(E) Permitted parades or festivals, between the hours or 8:00 a.m. and 12:00 midnight, Sunday
through Thursday; and between 8:00 a.m. and 1:00 a.m. Friday through Saturday.

(F) Attendant noise connected with the actual performance of athletic or sporting events and practices related to them.

(G) The emission of sound for the purposes of alerting persons to the existence of an emergency, or for the performance of emergency work.

(H) Sounds associated with normal conduction of a legally established non-transient business when such sounds are customary, incidental and within the normal range appropriate for such use.

(I) In the case of motor vehicles, where the noise is the result of a defective or modified exhaust
system, if the cause is repaired or otherwise remedied within seven calendar days.

(Ord. G-21-93, passed 6-8-93)

(btw...fireworks are considered to be "devices")

=====================================
I thought it pertinent to show people the laws as they are written and how this new STATE law goes counter to CITY statues.
What the city *COULD* do is to trump the state law, barring ALL fireworks and sales thereof WITHIN the city limits proper.
And that IS an ENFORCEABLE LAW...*IF* the city "wants" to enforce it.

This city is TOO darn loud as it is, and we certainly DO NOT need, want, nor require any MORE cacophony adding to the mix.
Cripes, in MY neighborhood...aside from the gunshots, dogs barking, horns honking,people yelling, kids shouting, brakes squealing, and boomcars thumping, the LAST thing I need is FIREWORKS going off to ALL hours every day of the freaking year!
It amazes me how people that DON'T work can afford these inner-urban "bunker buster" packages that cost about $50!

Want to see fireworks...fine, go to a professional display, or go out of town to set off mini-scuds in some field...AWAY from us who work, and like to get some sleep once in a while. Our pets don't need to become like our students (on Prozac).

;)

B.G.

Todd
Wed, 07/05/2006 - 8:53am

The knucklehead across the street from me (in Aboite-cum-Fort Wayne) has a CANNON he shoots off at holidays and such. It's small (1/2 lb size, maybe) and cute, and LOUD AS HELL. I have to resist applying the Fist of Death every time he shoots it, especially when it's midnight.

Bob G.
Wed, 07/05/2006 - 9:36am

It seems as if this cannon comes under the description of a "device" as mentioned above. AT best it could be considered a firearm (after a sort).

Seems he doesn't realize that YOUR RIGHTS start where HIS end (hint...30 feet).

Black powder guns carry the same laws & penalties, even though the method of discharge is different from a "normal" firearm (they use primer "caps" to set off the powder, and not a cartridge based primer).

Perhaps this person would be better off if he MOVED to a nice parcel of land about 30 MILES from the nearest fellow human...'ya think?

(personally, he should move to the 38th parallel in Korea...lol)

B.G.

Jeff Pruitt
Wed, 07/05/2006 - 12:03pm

I guess I'm in the minority here as I actually enjoy all the fireworks - although I wish they would end at 11pm...

Steve Towsley
Wed, 07/05/2006 - 6:00pm

Leo wrote:
>Since people were able to buy them anyway
>if they just lied a little, why would they
>buy more now?

This apparently wss the logic used by the legislature. The legislature was wrong. The number of very large bombs and rockets discharged this year was a lot larger than in the past. And they were discharged wherever convenient. The concussion from some of them could be felt for a quarter mile or more.

In my apartment complex, where a prohibition against gas and charcoal grills just went into effect because they are considered a fire hazard when utilized "within 10 feet" of combustible materials (i.e., the apartments, the trees), professional-sized fireworks were launched from yards and sidewalks by various residents to explode directly over our heads throughout the evening on July 4.

I don't judge; I just report. Hope this is what they bargained for, because this is what we've got now. Only the toddlers seem to have sparklers now, and very few firecrackers were heard. Everything else this year was a whole lot bigger.

PonJuly4th
Thu, 07/06/2006 - 12:44pm

I hate this stupid new law on fireworks. Every idiot in my neighborhood and surrounding area thinks this means they have to go buy them now and shoot them off ALL NIGHT LONG. I've found debris in my yard, backyard. My dogs are scared to death, I was scared to death, I feel as though I've been thru a WAR. People think it's funny and downplay it. They are sick people. Older people, animals and people who just plain love peace DO NOT WANT THIS FIREWORKS LAW to continue! People with pacemakers are affected; people with asthma are affected, everyone. We've lost our rights to live and enjoy July 4th due to trashy idiots who just love to make noise and now have the law on their side. Makes no sense. They should have left the law they way it was and enforced it. There are MORE OF US than there are of those idiots who want to ruin a good day for everyone. JULY 4th SUCKS.

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