Chapter 12.20
FIREWORKS
Sections:
12.20.020 Fireworks Prohibited – Exceptions
12.20.030 Limited Use of Permissible Consumer Fireworks
12.20.050 Posting of Signs by Persons Engaged in the Sale of Fireworks
12.20.060 Liability for Emergency Responses Related to Use of Fireworks
12.20.070 Authority to Enforce Violations – Means of Enforcement
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 small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations Parts 172 and 173, regulations of the United States Consumer Product Safety Commission as prescribed in 16 Code of Federal Regulations Parts 1500 and 1507 and the APA 87-1, as defined by A.R.S. § 36-1601.
B. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations Part 172, regulations of the United States Consumer Product Safety Commission as prescribed in 16 Code of Federal Regulations Parts 1500 and 1507 and the APA 87-1, as 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.
1. This does not include:
a. Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for explosion.
b. Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition of primers therefor.
c. Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.
d. Permissible consumer fireworks.
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.
1. "Permissible consumer fireworks" means the following types of consumer fireworks as defined by the APA 87-1:
a. Ground and handheld sparkling devices.
b. Cylindrical fountains.
c. Cone fountains.
d. Illuminating torches.
e. Wheels.
f. Ground spinners.
g. Flitter sparklers.
h. Toy smoke devices.
i. Wire sparklers or dipped sticks.
j. Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches manufactured in accordance with Section 3.5 of the APA 87-1.
2. Permissible consumer fireworks does not include 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, including firework items defined by the APA 87-1 and known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, Roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes.
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. 1441 § 1, 2025; Ord. 1378 § 1, 2022)
12.20.020 Fireworks Prohibited – 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. (Ord. 1441 § 1, 2025; Ord. 1378 § 1, 2022)
12.20.030 Limited Use of Permissible Consumer Fireworks
A. The use, discharge, or ignition of permissible consumer fireworks is prohibited in all areas within the City except as allowed pursuant to A.R.S. § 36-1606(A)(2), as follows:
1. Between June 24th and July 6th of each year, unless a stage one or higher fire restriction issued by a Federal or State agency is in place.
2. Between December 26th and January 4th of each year, unless a stage one or higher fire restriction issued by a Federal or State agency is in place.
B. Permissible consumer fireworks may not be used between the hours of eleven p.m. and eight a.m., on any day except:
1. From one p.m. on December 31st through one a.m. on January 1st; and
2. From eleven p.m. on July 4th through one a.m. on July 5th.
C. 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. 1441 § 1, 2025; 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 during the following periods, as allowed pursuant to A.R.S. § 36-1606(A)(2).
1. From May 20th through July 6th of each year, unless a stage one or higher fire restriction issued by a Federal or State agency is in place; and
2. From December 10th through January 3rd of each year, unless a stage one or higher fire restriction issued by a Federal or State agency is in place. (Ord. 1441 § 1, 2025; Ord. 1378 § 1, 2022)
12.20.050 Posting of Signs by Persons Engaged in the Sale of Fireworks
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 shall 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.
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.
(Ord. 1441 § 1, 2025; 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. 1441 § 1, 2025; Ord. 1378 § 1, 2022)
12.20.070 Authority to Enforce Violations – Means of Enforcement
A. The City’s Fire Chief or designee, a police officer, City Code enforcement officer, or the City Attorney may issue civil complaints to enforce violations of this chapter designated as civil offenses.
B. Any person authorized pursuant to this section to issue a civil complaint may also issue a notice of violation specifying action to be taken and the time in which they are to be taken to avoid issuance of a civil or criminal complaint. (Ord. 1441 § 1, 2025)
12.20.080 Penalty
The penalty for violating any prohibition or requirement imposed by this chapter shall be subject to a civil penalty of one thousand ($1,000) dollars unless another penalty is specifically provided for. (Ord. 1441 § 1, 2025)