Payson

Fireworks:

The individual use, discharge or ignition of fireworks within the town is not allowed.

Permits may be granted by the fire chief for conducting a supervised public display of fireworks.

Sale of fireworks – Fireworks cannot be sold to a person under 16 years old.


§ 130.39  FIREWORKS.

A. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

  1. CONSUMER FIREWORK - Those fireworks defined by A.R.S. § 36-1601.
  2. DISPLAY FIREWORK - Those fireworks defined by A.R.S. § 36-1601.
  3. FIREWORKS - 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 "permissible consumer fireworks" as defined by A.R.S. § 36-1601.
  4. NOVELTY ITEMS - Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, non-ignition sparklers, and certain toys as defined in A.R.S. § 36-1601.
  5. PERMISSIBLE CONSUMER FIREWORKS - Those fireworks, as defined by A.R.S. § 36-1601, that maybe sold within the town even where their use has been prohibited.
  6. SUPERVISED PUBLIC DISPLAY - A monitored performance of display fireworks open to the public, not sponsored by the town, and authorized by permit of the Fire Chief.
  7. TOWN-SPONSORED DISPLAY - A performance of display fireworks open to the public and paid for, in whole or in part, by the town.

B. Prohibitions.

  1. The use, discharge or ignition of fireworks within the town is prohibited except as provided in this section.
  2. Conducting a supervised public display of fireworks in violation of division (D) is prohibited.

C. Exceptions. Nothing in this section shall be construed to prohibit or regulate any of the following:

  1. The use, discharge or ignition of novelty items;
  2. Town-sponsored displays.

D. Supervised public displays.

  1. The Fire Chief may grant a permit for conducting a supervised public display of fireworks. Conditions that are necessary to protect the health and safety of the community shall be included in such permit.
  2. 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.
  3. The Fire Chief has the authority to reject or revoke a permit for a supervised public display during times of high fire danger.

E. Sale of fireworks.

  1. No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person who is under 16 years of age.
  2. No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with state law.
  3. No person shall sell permissible consumer fireworks without first obtaining an inspection from the Fire Chief for compliance with the International Fire Code as adopted by the town.
    • Following such inspection, the Fire Chief shall issue a permit if the sales site is in compliance.
    • No roadside sales shall be permitted.

F. Posting of signs by persons engaged in the sale of fireworks.

  1. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs indicating the following:
    • The use of fireworks within the town, except novelty items as defined by this section, is prohibited.
    • Consumer fireworks authorized for sale under state law may not be sold to persons under the age of 16.
  2. Signs required under this division shall be placed at each cash register and in each area where fireworks are displayed for sale.
  3. The Fire Chief shall develop an administrative policy concerning the size and color of the required signs and shall develop a model sign. The administrative policy and model sign shall be posted on the town's website and filed with the Clerk's office.

G. Enforcement. A police officer or the Town Attorney may issue criminal complaints to enforce this section.

 

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