WESTFIELD, Ind.—Today, Mayor Andy Cook signed an emergency declaration prohibiting opening burning and all fireworks in the City of Westfield. This declaration is on the heels of Hamilton County’s declaration earlier today. With dry conditions, fireworks are a danger to public safety. The fire department has already seen a 400 percent increase in outside fires this year.
DECLARATION BY THE MAYOR OF THE CITY OF WESTFIELD
DECLARING AN EMERGENCY CAUSED BY DROUGHT AND
PROHIBITING OPEN BURNING AND THE USE OF FIREWORKS
WHEREAS, the General Assembly of the State of Indiana has passed the Emergency Management and Disaster Law which is codified at Indiana Code 10-14-3-1 (“the Disaster Law”); and,
WHEREAS, the term “disaster” is defined to include drought under Indiana Code 10-14-3-1(b)(12); and,
WHEREAS, the City of Westfield is a political subdivision whose executive is the Mayor of the City pursuant to Indiana Code 10-14-3-7; and,
WHEREAS, Indiana Code 10-14-3-7(a), authorizes the executive of a political subdivision to take actions to protect, prevent, or mitigate where possible, and to preserve the lives and property of the people of the State; and,
WHEREAS, the prolonged lack of rain and excessive heat within the City of Westfield and Washington Township, has produced drought conditions within the City of Westfield, which have resulted in all plant life, buildings, structures, and other property within the Township being extremely susceptible to igniting from sources of heat which have been traditionally acceptable by the City, such as camp fires, open flames, and fireworks; and,
WHEREAS, Indiana Code 10-14-3-8, establishes the only exceptions to the powers granted to a political subdivision during a declared disaster.
Therefore, I, J. Andrew Cook, as Mayor of the City of Westfield pursuant to the Disaster Law proclaim as follows:
- As of time of this Declaration, an emergency disaster exists within the City of Westfield because of the drought conditions which exist.
- In order, to the extent possible, to protect the lives and property of the people of the City of Westfield, I order that the following acts are prohibited within the City:
- No person shall cause, permit, or allow open burning on any property located within the City.
- No person shall discharge or cause to be discharged any fireworks as defined in Indiana Code 22-11-14.
- No person shall discharge or cause to be discharged into the air or ground at any location within the City, any device or mechanism which has an open flame attached or included as any part of the device.
- This Declaration shall not prohibit a public fireworks display which is:
- Sponsored, endorsed, and permitted by the City.
- The Fire Chief of the City determines the City has adequate firemen, adequate fire trucks, and other equipment at the site of the fireworks display to immediately suppress any fire resulting from the fireworks.
- Approved by the Fire Chief of the City.
- Pursuant to Indiana Code 10-14-3-24, all law enforcement officers of the State of Indiana and the political subdivisions within the State may enforce the terms and conditions of this Declaration.
- Pursuant to Indiana Code 10-14-3-34, any person who knowingly, intentionally, or recklessly violates this Declaration commits a Class B Misdemeanor and may be fined and/or imprisoned pursuant to law.
- This Declaration shall remain in full force and effect for seven (_7_) calendar days from the date of this Declaration, unless extended by the Westfield Common Council.
ALL OF WHICH IS DECLARED by J. Andrew Cook, Mayor of the City of Westfield,
this 29 day of June, 2012, at 3:00p.m.
CITY OF WESTFIELD, INDIANA