The Town of Argos recently adopted Ordinance 2020-11, amending Chapter 91 of the Argos Town Code that addresses nuisances. With Memorial Day behind us and Independence Day drawing near, the Town of Argos is reminding citizens that firing fireworks have specific times and dates. If those times and dates are not observed, then it can be considered a violation of the nuisance ordinance.
“Noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comfort of human existence. Noise also includes the sound associated with the use of legal or illegal consumer fireworks,” states Argos Town Code 91.02, section D.
That’s not to say that Argos citizens can’t celebrate the Fourth of July with an impressive light show. For those that would like to shoot off fireworks, they may do so from June 29 to July 3 from 5 p.m. until two hours past sunset, July 4 from 10 a.m. until midnight, and then July 5 to July 9 from 5 p.m. until two hours past sunset.
Chapter 91.03 oof the Town Code also describes the test for a nuisance. A nuisance “shall depend on its effect on persons of ordinary health and average sensibilities, and not on its effect on the persons who are delicate or supersensitive, or whose habit, tastes, or conditions are such that they are never sensible under any annoyance.”
Fines for excessive noise/fireworks (minor child) are $75 for the first offense and a warning with letter to parents with copy of town fireworks policy. The second offense is $100.
Fines for excessive noise/fireworks (minor adult) are $100 for the first offense, $150 second offense, $200 for the third offense or more and possible court litigation.
Fireworks may also be used on New Year’s Eve from 10 a.m. until 1 a.m. (New Year’s Day), and then on any other date and time as approved by the Town Council.