SECTION 5-02-002
REGULATIONS FOR THE USE OF CONSUMER FIREWORKS
Sections:
5-02-002-0001 Definitions
5-02-002-0002 Consumer fireworks prohibited; exceptions
5-02-002-0003 Sale of fireworks
5-02-002-0004 Posting of signs by persons engaged in the sale of consumer fireworks; civil penalty
5-02-002-0005 Authority to enforce violations of this article; means of enforcement
5-02-002-0006 Liability for emergency responses related to use of fireworks; definitions
5-02-002-0007 Penalty
5-02-002-0001 Definitions
The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Consumer firework" means those fireworks defined by A.R.S. Section 36-1601.
"Display firework" means those fireworks defined by A.R.S. Section 36-1601.
"Fireworks" means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework, display firework or as defined by A.R.S. Section 36-1601.
"Novelty items" means Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, sparklers, and certain toys as defined in A.R.S. 36-1601.
"Permissible consumer fireworks" means those fireworks as defined by A.R.S. Section 36-1601.
"Supervised public display" means a monitored performance of display fireworks open to the public and authorized by permit by the Fire Department. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0002 Consumer fireworks prohibited; exceptions
A. The use, discharge or ignition of permissible consumer fireworks within the City of Flagstaff is prohibited, except as provided in this section.
B. The use of permissible consumer fireworks is prohibited within the City limits of Flagstaff except from June 24th through July 6th and December 24th through January 3rd each year. The use of permissible consumer fireworks is also prohibited when a Federal or State agency implements Stage One or higher fire restrictions in any portion of Coconino County in effect for any one (1) or more of the days listed in this subsection.
C. The use of permissible consumer fireworks is prohibited within a one hundred (100) foot radius of the border of preservation lands greater than fifteen thousand (15,000) acres that are owned by the City of Flagstaff.
D. The use of permissible consumer fireworks is prohibited on public property and within one hundred (100) feet of any hospital or public school.
E. Nothing in this section or article shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a supervised public display of fireworks.
F. Permits may be granted by the Fire Department for conducting a properly supervised public display of fireworks. Every such supervised public display of fireworks shall be of such character and so located, discharged or fired, only after proper inspection and in a manner that does not endanger persons, animals, or property. A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. No such permit shall be issued unless reviewed and approved by the Fire Chief, who has authority to and may impose reasonable conditions on any permits granted.
G. Failure to comply with any permit requirements issued by the Fire Department is a criminal offense constituting a Class Three misdemeanor.
H. Fireworks may not be combined, altered or manipulated in any way outside of the intended use that, in the opinion of the Fire Department, increases the potential for fire damage or personal injury. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0003 Sale of fireworks
A. No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen (16) years of age.
B. No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with State law.
C. The sale of permissible consumer fireworks is prohibited within the corporate limits of the Town except from May 20th through July 6th and December 10th through January 3rd each year. The sale of permissible consumer fireworks is also prohibited when a Federal or State agency implements Stage One or higher fire restrictions in any portion of Coconino County in effect for any one (1) or more of the days listed in this subsection.
D. No person shall furnish permissible consumer fireworks to a person who is under sixteen (16) years of age.
E. No person who is under sixteen (16) years of age shall possess permissible consumer fireworks.
F. Permits and fees shall be required for the construction, erection, or operation of a business that sells consumer fireworks. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0004 Posting of signs by persons engaged in the sale of consumer fireworks; civil penalty
A. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs that are eight and one-half (8.5) inches by eleven (11) inches in size, that are on cardstock paper in landscape orientation and that contain the following language on a contrasting background:
STATE OF ARIZONA
CONSUMER FIREWORKS REGULATIONS
ARIZONA REVISED STATUTES SECTION 36-1601, ET AL.
THE USE OF PERMISSIBLE CONSUMER FIREWORKS AS DEFINED UNDER STATE LAW IS ALLOWED:
JUNE 24 – JULY 6 AND DECEMBER 24 – JANUARY 3
THE SALE OF PERMISSIBLE CONSUMER FIREWORKS AS DEFINED UNDER STATE LAW IS ALLOWED:
MAY 20 – JULY 6 AND DECEMBER 10 – JANUARY 3
ALL OTHER FIREWORKS ARE PROHIBITED, EXCEPT AS AUTHORIZED BY LOCAL FIRE DEPARTMENT PERMIT. THE SALE AND USE OF NOVELTIES KNOWN AS SNAPPERS (POP-ITS), PARTY POPPERS, GLOW WORMS, SNAKES, TOY SMOKE DEVICES AND SPARKLERS ARE PERMITTED AT ALL TIMES. PERMISSIBLE CONSUMER FIREWORKS MAY NOT BE SOLD TO PERSONS UNDER SIXTEEN YEARS OF AGE.
CHECK WITH YOUR LOCAL FIRE DEPARTMENT FOR ADDITIONAL REGULATIONS AND DATES BEFORE USING.
B. Failure to comply with subsection (A) of this section is a criminal offense constituting a Class Three misdemeanor. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0005 Authority to enforce violations of this article; means of enforcement
A. A City police officer, or the City Attorney, may issue criminal complaints to enforce this article.
B. Any person authorized pursuant to this section to issue a civil complaint may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid issuance of a civil or criminal complaint.
C. A City fire official may issue Fire Code or permit violations to enforce this article. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0006 Liability for emergency responses related to use of fireworks; definitions
A. A person who uses, discharges or ignites permissible consumer fireworks, fireworks or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this article is prima facie evidence of liability under this section.
B. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (A) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities or not-for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall be the amount set forth in existing City ordinances for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
C. For the purposes of this section:
1. "Expenses of an emergency response" means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
2. "Reasonable costs" includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident. (Ord. 2015-15, Amended, 07/21/2015)
5-02-002-0007 Penalty
The penalty for violating any prohibition or requirement imposed by this article is a Class Three misdemeanor unless another penalty is specifically provided for. (Ord. No. 2010-38, 11/02/10; Ord. 2015-15, Amended, 07/21/2015)