Article 10-13
FIREWORKS1
Sections:
10-13-1 Definitions
10-13-2 Use of Fireworks, and Sale of Fireworks Other Than Permissible Consumer Fireworks, Prohibited Within the Town; Exceptions; Penalties for Violation
10-13-3 Sale of Permissible Consumer Fireworks; Permits Required; Inspections; Fees
10-13-4 Posting of Signs by Persons Engaged in the Sale of Permissible Consumer Fireworks; Penalty
10-13-5 Authority to Enforce Violations of This Article Designated as Civil Infractions
10-13-6 Violation of This Article a Civil Infraction, Except Where Specifically Provided Otherwise
10-13-7 Liability for Emergency Responses Required by Use of Fireworks, or by Violations of This Article
10-13-1 Definitions
The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:
A. Permit means a permit issued by the Department of Development and Infrastructure Services.
B. “Consumer fireworks,” “display fireworks,” “fireworks” and “permissible consumer fireworks” shall have the same meaning as in Arizona Revised Statutes, Section 36-3601.
C. Fire Chief means the chief or chiefs of the applicable fire prevention agency or agencies within Oro Valley or that officer’s designee.
D. Police Chief means the Oro Valley Police Chief or that officer’s designee.
E. Supervised public display means a professionally monitored performance of display fireworks open to the public and authorized by permit.
((O)11-18, Added, 6/29/2011)
10-13-2 Use of Fireworks, and Sale of Fireworks Other Than Permissible Consumer Fireworks, Prohibited Within the Town; Exceptions; Penalties for Violation
A. Except as specifically permitted under subsection (C) of this section, the use of fireworks, including any display firework, consumer firework, permissible consumer firework, 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, within the Town of Oro Valley is prohibited.
B. The sale of fireworks, other than permissible consumer fireworks, within the Town of Oro Valley is prohibited.
C. Nothing in this section shall be construed to prohibit:
1. The use of items defined to not be fireworks under A.R.S. Section 36-1601(3)(b); or
2. The occurrence of a supervised public display of fireworks authorized by a permit issued by the Department of Development and Infrastructure Services.
D. Violation of the provisions of subsections (A) or (B) of this section is a civil infraction, except that any such violation that results in damage to property or injury to any person or animal is a class 1 misdemeanor and, upon conviction, in addition to any other penalty or fine, restitution shall be ordered. This remedy shall not abridge any civil cause of action by the victim.
((O)11-18, Added, 6/29/2011)
10-13-3 Sale of Permissible Consumer Fireworks; Permits Required; Inspections; Fees
A. No person shall sell or allow the sale of permissible consumer fireworks to a person who is under sixteen (16) years of age.
B. No person shall sell or allow the sale of permissible consumer fireworks in conflict with Arizona State law.
C. A person who desires to sell permissible consumer fireworks to the public shall first obtain a permit allowing the activities listed under Sections 7.3.2(1)(a) and (b) and (2) of the National Fire Protection Association Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles (NFPA 1124), 2006 Edition.
D. A person who desires to sell permissible consumer fireworks to the public is subject to inspection by the Fire Chief and the Department of Development and Infrastructure Services to assure:
1. That the person has obtained the permit required under subsection (C) of this section.
2. That the person is in compliance with NFPA 1124, 2006 Edition, International Building Code 2006, International Fire Code 2006 and any other rules adopted by the State Fire Marshal pursuant to A.R.S. Section 36-1609 and Title 41, Chapter 6 and relating to the storage or retail sale of consumer fireworks.
((O)11-18, Added, 6/29/2011)
10-13-4 Posting of Signs by Persons Engaged in the Sale of Permissible Consumer Fireworks; Penalty
A. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs that state the following:
1. The use of fireworks within the Town of Oro Valley is prohibited.
2. A person must be at least sixteen (16) years of age to buy fireworks.
B. The signs required under subsection (A) of this section shall be posted in a conspicuous place in each area where fireworks are displayed and at each cash register where fireworks are sold; shall be not less than eleven (11) inches by fourteen (14) inches in size; shall be in both Spanish and English; and shall use easily legible print.
C. Failure to comply with subsection (A) or (B) of this section is a civil infraction.
((O)11-18, Added, 6/29/2011)
10-13-5 Authority to Enforce Violations of This Article Designated as Civil Infractions
The Fire Chief, Police Chief or the Town Department of Development and Infrastructure Services may enforce violations of this article designated as civil infractions.
((O)11-18, Added, 6/29/2011)
10-13-6 Violation of This Article a Civil Infraction, Except Where Specifically Provided Otherwise
Except where specifically provided otherwise in this article, any violation of this section is a civil infraction.
((O)11-18, Added, 6/29/2011)
10-13-7 Liability for Emergency Responses Required by Use of Fireworks, or by Violations of This Article
A. A person who uses any fireworks, including display fireworks, consumer fireworks, permissible consumer 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 as a result of such use. The fact that a person is convicted or found responsible for a violation of this section is prima facie evidence of liability under this section.
B. A person who violates any provision of this article is liable for the expenses of any emergency response that is required as a result of such violation. The fact that a person is convicted or found responsible for a violation of this article is prima facie evidence of liability under this subsection.
C. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, or other first responders that incurred the expenses. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
((O)11-18, Added, 6/29/2011)
Town Clerk Note: Ordinance No. (O)11-18, as amended by Council on 6/29/11, provided that the Town Fire Marshall shall evaluate the restrictions on the use of fireworks on a monthly basis and may lift the use restrictions upon consultation with appropriate Town officials.