Willcox

Fireworks:

Fireworks cannot be set off except between June 24 through July 6 and December 24 through January 3. 

Fireworks that can be used are:

• Ground and handheld sparkling devices
• Cylindrical fountains
• Cone fountains
• Illuminating torches
• Wheels
• Ground spinners
• Flitter sparklers
• Toy smoke devices
• Wire sparklers or dipped sticks
• Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches
• These types of fireworks can never be used: Any firework intended to rise into the air and explode or to detonate in the air or to fly above the ground, including 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. 

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

6.06.160 Fireworks rules and regulations.

Except as otherwise provided in A.R.S. 36-1602, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks. This statute shall not be construed to prohibit or restrict the manufacture or possession of any fireworks. These provisions are adopted for the purpose of regulating the use of fireworks as allowed under the provisions of the law. 

Pursuant to A.R.S. 36-1602, each governing body may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks within its jurisdiction, by municipalities, fair associations, amusement parks and other organizations and groups. 

Pursuant to A.R.S. 36-1605, Article 1 shall not be construed to prohibit the sale or use of fireworks for permitted uses enumerated therein or as may be regulated by this section. 

Pursuant to A.R.S. 36-1606, the sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to Article 1 and their use is not subject to further regulation by a governing body, except that an incorporated city may regulate the use of permissible consumer fireworks within its corporate limits during times when there is reasonable risk of wildfires in the immediate county. Article 1 does not prohibit the imposition by ordinance of further regulations and prohibitions upon the sale, use and possession of fireworks other than permissible consumer fireworks by a governing body. A governing body shall not permit or authorize the sale, use or possession of any fireworks in violation of Article 1. 

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

1. Consumer firework means those fireworks defined by A.R.S. 36-1601.
2. Display firework means those fireworks defined by A.R.S. 36-1601.
3. 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 permissible consumer firework as defined by A.R.S. 36-1601. 
4. 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. 
5. Permissible consumer fireworks means those fireworks as defined by A.R.S. 36-1601 that may be sold within the City of Willcox even where the use of those items has been prohibited. 
6. Supervised public display means a monitored performance of display fireworks open to the public and authorized by permit by the director of public safety or his designee. 

B. Fireworks Rules/Regulations; Exceptions.

1. The use, discharge or ignition of permissible consumer fireworks within the City of Willcox is permitted. The use, discharge or ignition of all other types of fireworks is prohibited except as may provided in this subsection. 
2. Nothing in this section or Code provision shall be construed to prohibit the use, discharge or ignition of novelty items or to prohibit the use, discharge or ignition of permissible consumer fireworks or the occurrence of a supervised public display of fireworks except as provided in [subsection] (1) above. 
3. Permits may be granted by the director of public safety, 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 as posted on the city website. The director of public safety or designee has authority to impose conditions on any permits granted. 
4. Failure to comply with any permit requirements issued by the director of public safety is a petty offense punishable by minimum fine of $100.00 and a maximum fine of $300.00 for each violation. 

C. 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. The sale of permissible consumer fireworks by retail establishment is permitted if the retail establishment complies with the rules adopted pursuant to A.R.S. 36-1609. 

D. Sale of Fireworks Regulations; Posting of Signs; Penalty.

1. The state fire marshall shall adopt rules pursuant to Title 41, chapter to carry out this article, including a rule that adopts the National Fire Protection Association Code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2006 edition pursuant to A.R.S. 36-1609(A). 
2. A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sale of consumer fireworks before selling permissible consumer fireworks to the public pursuant to A.R.S. 36-1609(A). 
3. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs indicating the following:
   a. The use of fireworks, except as provided in this chapter City Code provision, is permitted.
   b. Permissible consumer fireworks authorized for sale under state law may not be sold to persons under the age of 16 pursuant to A.R.S. 36-1609(B).
4. Signs required under this Code or the state fire marshall adopted rules shall be placed at each cash register and in each area where fireworks are displayed for sale. 
5. The state fire marshall and/or the director of public safety or designee shall develop regulations concerning the size and color of the required signs and shall develop a model sign. The required sign regulations and model sign shall be posted on the city's website and filed in the city clerk's office. 
6. Failure to comply with subparts a. and b. above is a civil offense punishable by a civil fine of $100.00 or as may be provided by the state fire marshall adopted rules. 

E. Enforcement Authority; Means of Enforcement

1. The director of public safety or designee, a City of Willcox Police Officer or the city attorney, may issue civil complaints to enforce violations of this chapter designated as civil offenses. 
2. 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. 
3. The director of public safety or designee, a City of Willcox Police Officer or the city attorney may issue criminal complaints to enforce violations of this chapter designated as criminal offenses. 

Laws may have changed since the last time this article was updated.  The current and most up-to-date laws can be accessedhere.