TOP STORY OF THE DAY - Local officials urge safety tips as 4th of July arrives

Friday, June 23, 2023
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It is almost time for the 4th of July, but you may have known that by the sounds of fireworks in the area.

Brazil Police Assistant Chief Dennis Archer confirms people have the right to set off fireworks in the city limits year around.

“State law is any day of the year you can shoot off fireworks from 9 a.m. to 10 p.m.,” said Archer. “Then, on holidays like Memorial Day, Fourth of July, Labor Day, and New Year’s Eve. You can set them off from 9 a.m. until midnight that day.”

Dennis Archer

However, Archer said people must use common sense and consideration for the community.

“When you’re using fireworks, especially in town, what we run into is the aerial fireworks need to stay on your property,” said Archer, explaining that fountains and the like are usually not a problem.” It’s when the aerial fireworks shoot or angle over somebody else’s property. Suppose it lands over on somebody else’s house. That’s a violation. They have to stay within your property.”

Archer said the city has some ordinances regarding noise that are in effect too.

“There are a couple of other things to think about as well. One thing, in particular, is a noise ordinance,” Archer said, adding the police try to give the public a chance to celebrate, but if someone complains about excessive noise, the department will check out the complaint.

“Fireworks can infringe upon our excessive noise ordinance. The ordinance says that nobody within the city shall permit excessive noise if that noise disturbs or injures another person. Even though the state law says, you can shoot those things off. You do have to remember they’re extremely loud, and somebody might complain about you if you’re doing it repeatedly.”

As for weapons being fired during a holiday, there is an ordinance for that too.

“You can’t just fire off weapons within the city,” said Archer, who added there are exceptions like defending yourself or your property, which are potentially justifiable. “But randomly shooting them off in the city to fire them in the air to make noise is not only unsafe, it is also against the law. You have to remember what goes up is going to come down.”

Fireworks safety is vital during this time of year. All fireworks should be considered dangerous. State law specifies that someone age 18 or older should supervise anyone under 18 using fireworks.

“I think we should all use common sense when we are going to be around fireworks,” said Archer.

If you or your family plans on having a recreational burning pit during the holiday inside the city limits, you must apply for a permit.

The City of Brazil website (brazil.in.gov) has a link called “I want to...” that allows a resident to apply online as late as the day of an event.

“All the rules and regulations are right there for burn pits and things like that,” Archer said.

A permit does not relieve the permittee of its responsibility for complying with all air pollution laws, regulations, and ordinances. They are responsible for keeping a competent watch over the fire or any damage it may cause to other parties or their property.

“So, if you’re burning trash or garbage, outdoor waste, foliage, branches, leaves, building materials, that kind of stuff is prohibited within the city limits,” said Archer added that patrolmen keep a close eye on violations during the summer months. “The city does allow recreational or ceremonial fires. Those would be for cookouts, barbecues, or to have a campfire, and those can only use clean wood products or clean burning petroleum products, like lighter fluid or things like that.”

If someone creates a public nuisance, pollution, or threat to public health, the fire and the police department might investigate. The fire could be extinguished and a citation issued if determined hazardous.

Archer said each incident is a case-by-case scenario.

“People might have asthma, or it’s affecting somebody in the family, or the smoke is irritating someone because the smoke is too great, and it comes onto someone else’s property,” said Archer. “We’re going to investigate that. There have been times when the complaint is because fire is abandoned - whether they leave their home or go inside - and they’re not monitoring it. So that would be a violation of the ordinance.”

Archer encouraged people to have fun and enjoy the holiday but remember to think about safety. Have a nearby water source or a fire extinguisher close by if needed.

“There are going to be a lot of people in town over the holiday, lots of people coming and going. So as a precaution, especially if you’re going to be out and about, it would be wise to take out the car keys and lock the doors,” Archer said. “You don’t want to make yourself a victim.”

According to Archer, stolen vehicle theft has been a recent uptick in the last few weeks.

“Stay cool and stay hydrated,” said Archer, offering advice. “It has been mild here lately, but every time the carnival comes in, it seems to bring summer heat.”

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