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

The state's word is law

One of our readers, who has apparently had a bad experience or two with fireworks, called to ask if the city could override the state's recent legalization of them by enacting its own ban. My inclination was to say no -- under Indiana's policy of limited home rule, a local government can regulate things the state has not spoken on; but once the state has issued directives, the state's word is law. But I called the city attorney to make sure, and his office confirmed my understanding. One provision of the home-rule portions of state legislation specifically forbids local governments from controlling anything parceled out by legislation to state agencies. Last session's fireworks legislation put that issue under the direction of the state fire marshal's office.

Posted in: Our town

Comments

Bob G.
Tue, 04/18/2006 - 8:01am

What from I gathered from this new *law*, was that it's OK to shoot off formerly ilegal fireworks (like those foot and a half tall "bunker-busters"), BUT the shooters have to NOT direct the "fire" at other properties, nor can they impede traffic patterns.

Now...unless I grossly misunderstood what the lawmakers said, that MEANS if you see someone in the MIDDLE of a street, setting off these WMDs (weapons of medium destruction), you can call the FWPD.

And "if" these rockets are inbound on your patio during a cookout...you needn't head for that '50s era fallout shelter you almost forgot about.....just call the FWPD.
Wow...that seems too simple...just like the 420+ people that stopped by the local hospitals LAST year due to injuries.
Yeah...that's it...simple.

;)

B.G.

Dave
Wed, 04/19/2006 - 6:02pm

Total insanity, the fireworks laws in this state. I remember when we first moved here and went to the 4th fireworks, we went to the parking lot at Northcrest, would have been 1986. We were shocked at the firecrackers being shot off around us, we were poor, simple Central Ohioans and we'd never experienced that at a display there. Listening to the neighbors shoot fireworks off all night later that night was a lot of fun, too.

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