Chapter 12.20
FIREWORKS
Sections:
12.20.020 Fireworks Prohibited on Public Property–Exceptions
12.20.030 Limited Use of Permissible Consumer Fireworks
12.20.050 Posting of Signs by Persons Engaged in the Sale of Fireworks–Civil Penalty
12.20.060 Liability for Emergency Responses Related to Use of Fireworks
12.20.010 Definitions
The following words, terms, and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. "Consumer firework" means those fireworks defined by A.R.S. § 36-1601.
B. "Display firework" means those fireworks defined by A.R.S. § 36-1601.
C. "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, and display firework as defined by A.R.S. § 36-1601.
D. "NFPA 1124" means the National Fire Protection Association Code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles as defined by A.R.S. § 36-1601.
E. "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.
F. "Permissible consumer fireworks" means consumer fireworks defined by A.R.S. § 36-1601 that may be sold within the City.
G. "Supervised public display" means a monitored performance of display fireworks open to the public and authorized by permit by the Fire Marshal/Fire Chief or his or her designee. (Ord. 1378 § 1, 2022)
12.20.020 Fireworks Prohibited on Public Property–Exceptions
A. The use, discharge, or ignition of fireworks within the City is prohibited on all public property, including, but not limited to, public buildings, parking lots, public parks, public schools, streets, and public rights-of-way, except as authorized in Section 12.20.030.
B. Nothing in this chapter shall be construed to prohibit the use, discharge, or ignition of novelty items or the occurrence of a supervised public display of fireworks.
C. Permits may be granted by the City’s Fire Chief or designee for conducting a properly supervised public display of fireworks. Every such 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. The City’s Fire Chief has authority to impose conditions on any permits granted. Each permittee shall be required pursuant to A.R.S. § 36-1604 to give a satisfactory bond in a principal amount not less than five hundred dollars ($500.00), conditioned upon payment of all damages which may be caused to persons or property by reason of such display.
D. Failure to comply with any permit requirements is a civil offense punishable by a fine of one thousand dollars ($1,000) for each violation. (Ord. 1378 § 1, 2022)
12.20.030 Limited Use of Permissible Consumer Fireworks
The use, discharge, or ignition of permissible consumer fireworks is prohibited in all areas within the City except on such dates as allowed pursuant to A.R.S. § 36-1606(A)(2). Notwithstanding the above, the City’s Fire Chief may prohibit, at any time, the use of permissible consumer fireworks within a one (1) mile radius of the border of any city mountain preserve, desert park, regional park, designated conservation area, national forest, or wilderness area (collectively, "preservation areas"). (Ord. 1378 § 1, 2022)
12.20.040 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, this code, or NFPA 1124.
C. No person shall sell or permit or authorize the sale of permissible consumer fireworks, except on such dates as allowed pursuant to A.R.S. § 36- 1606(A)(2). (Ord. 1378 § 1, 2022)
12.20.050 Posting of Signs by Persons Engaged in the Sale of Fireworks–Civil Penalty
A. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs as set forth in A.R.S. § 36-1606(B).
B. Signs required under this section may be placed at any retail sales display of permissible consumer fireworks.
C. The sign shall be eight and one-half (8 1/2) inches by eleven (11) inches in size, on cardstock paper, in landscape orientation, and displayed on a contrasting background. A model sign shall be posted on City’s website and filed with the Clerk’s office.
D. Failure to comply with subsections A, B, and C of this section is a civil offense punishable by a fine of one thousand dollars ($1,000) for each violation. (Ord. 1378 § 1, 2022)
12.20.060 Liability for Emergency Responses Related to Use of Fireworks
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 chapter 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 or entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed ten thousand dollars ($10,000) 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 or 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. 1378 § 1, 2022)