By PAULENE POPARAD

Porter joined the ranks of local municipalities placing restrictions on when fireworks legally can be used and setting a curfew for minors, both consistent with new state statutes.

Voting 5-0 Tuesday the Porter Town Council established by ordinance a fine of up to $100 per occurrence for conviction of unlawful discharge of fireworks or for a parent, adult or guardian knowingly to allow minors under age 18 to discharge fireworks.

An up to $700 fine per occurrence was set for conviction of discharging fireworks that cause a serious annoyance to citizens and become a nuisance; in a manner that is unsafe; or in a way that results in littering of public and/or private property.

In addition, someone setting off fireworks shall be liable for damage to person or property resulting from that activity as well as for the costs of a responding fire department or emergency service necessitated by the fireworks discharge.

The ordinance will be effective upon publication and enforceable by Porter police for the upcoming July 4 holiday.

Within town limits it is unlawful for any person to ignite, shoot off, release, discharge or cause to be discharged, or to allow another to do the same on property owned or leased by them, Class B and consumer fireworks identified under state code.

The current exceptions are between 5 p.m. and two hours after sunset from June 29 to July 3; 10 a.m. to midnight on July 4; between 5 p.m. and two hours after sunset July 5 to 9; and 10 a.m. on Dec. 31 to 1 a.m. on January 1.

Other public fireworks displays are allowed when a permit is granted or when the Town Council grants a special request.

According to the ordinance, it addresses an activity enjoyed by some town residents yet one that can result in injury and even death as well as create a public nuisance. The new restrictions desire to balance the interests of such citizens with the health, safety and general welfare needs of all citizens.

A second ordinance approved 5-0 on final reading regulates the curfew of minors. Fines were set at $50 for the first offense and $100 for a second offense if within one year. It is a curfew violation for a child less than age 15 to be in a public place after 11 p.m. or before 5 a.m. on any day.

It is a curfew violation for a child age 15, 16 or 17 to be in a public place between 1 a.m. and 5 a.m. on Saturday or Sunday; after 11 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday; or before 5 a.m. on Monday, Tuesday, Wednesday, Thursday or Friday.

Twelve reasons for a child legally to be in a public place during the restricted times are cited including being accompanied by a parent, guardian or custodian; lawful employment; attending a school-sanctioned activity or a religious event; in an emergency; for an educational or recreational activity under the supervison of one or more adults; and participating in an activity undertaken at the prior written direction of the child’s parent, guardian or custodian.

Also adopted unanimously under suspension of the rules were amendments to the Porter zoning ordinance forwarded with a favorable recommendation from the town Plan Commission. Public hearings were conducted previously by both boards.

The changes expand the definition of front lot line, public street and street following a Porter Beach lawsuit that challenged the former definitions. Some Business-1 uses including drug stores, convenience stores, office supply stores, shoe stores and sporting goods stores were moved to the Business-2 zoning district away from neighborhoods.

All retail or service business establishments shall not exceed 3,500 square feet of gross floor area without first obtaining a variance; the latter also is required for a restaurant drive-thru window. In business and industrial districts, the maximum number of signs was set at two. A formula was adopted for the gross area of all business signs; the change was made to prevent multiple signs like the Shelton Fireworks building on U.S. 20.

A fourth ordinance was approved establishing copying fees ranging from $75 for a town code book to 10 cents per page for a single-sided document. If the town does not have access to a machine capable of reproducing a requested record, the person shall be entitled only to inspect and manually transcribe the record.

Posted 6/27/2007