Buckeye

Fireworks:

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

Even during those times, there are restriction about setting off fireworks.  Individuals cannot set off fireworks on any public property including city parking lots, city streets, schools and parks.

You must have the owner’s permission to set off fireworks on any private property.
Fireworks that can be used within the restrictions 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.

The Law:

Section 10-2-8 Discharge or Ignition of Fireworks

A. Definitions. The following words, terms and phrases, when used in this section 10-2-8, shall have the meanings ascribed to them in this subsection 10-2-8(A), 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. "Expenses of an emergency response" means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
4. "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.
5. "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.
6. "Permissible consumer fireworks" means those fireworks of the same title as defined by A.R.S. § 36-1601.
7. "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.
8. "Supervised public display" means a monitored performance of display fireworks open to the public and authorized by permit issued by the city manager or authorized designee.

B. Fireworks prohibited; exceptions.

1. It shall be unlawful for any person, other than those parties engaged in a supervised public display, to use, discharge or cause the ignition of fireworks within the corporate limits of the City, except that the use of permissible consumer fireworks shall be allowed from June 24 through July 6 and December 24 through January 3 each year.
2. Nothing in this section 10-2-8 shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a supervised public display of fireworks pursuant to a permit issued by the city.
3. Upon written application to the city on a form approved by the city, permits may be granted by the city manager or authorized designee for conducting a supervised public display of fireworks. Application to the city for a permit shall be made in writing not less than ten (10) days prior to the date of the display. Every display shall be handled by a competent operator, and shall be of a character and located, discharged and fired so that it will not be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the city manager or authorized designee. After a permit is granted, the sale, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit is transferable or assignable. A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. The city manager or authorized designee has authority to impose conditions on any supervised public display permit granted.
4. Penalty . A violation of this section 10-2-8(B) shall be a class 3 misdemeanor.

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 sixteen (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. Except as otherwise provided in this Section and under State law, it shall be unlawful for any person to sell fireworks within the corporate limits of the City, except the sale of permissible consumer fireworks is allowed from May 20 through July 6 and December 10 through January 3 each year.

D. Posting of signs by persons engaged in the sale of fireworks; civil penalty.

1. 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, including permissible consumer fireworks, except novelty items as defined by Arizona law and the City Code, is prohibited, except that the use of permissible consumer fireworks is allowed from June 24 through July 6 and December 24 through January 3 each year.
   b.Consumer fireworks authorized for sale under state law may not be sold to persons under sixteen (16) years of age.
2. Signs required pursuant to this section shall be placed at each cash register and in each area where fireworks are displayed for sale.
3. Every person who sells permissible consumer fireworks to the public shall comply with rules adopted pursuant to A.R.S. § 36-1609 relating to the storage of consumer fireworks relating to the retail sale of consumer fireworks before selling permissible consumer fireworks to the public. The city manager or authorized designee may develop regulations concerning the size and color of the required signs and may develop a model sign. The sign regulations and model sign shall be posted on the city's website and filed with the clerk's office.
4. A violation of subsection 10-2-8(D)(1) or 10-2-8(D)(2) shall be a civil offense punishable by base fine of up to five hundred dollars ($500.00).

E. Enforcement.

1. The city manager or authorized designee, a city police officer or marshal, or the city attorney may issue civil complaints to enforce those provisions of this section 10-2-8 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. A city police officer or marshal or the city attorney may issue criminal complaints to enforce this article.

F. Liability for emergency responses related to use of fireworks; definitions.

1. 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, shall be strictly 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 section 10-2-8 shall be prima facie evidence of liability under this section.
2. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection 10-2-8(F)(1). The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities or not-for-profit entities 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.

G. Penalty.

The penalty for violating any prohibition or requirement imposed by this Section 10-2-8 is a civil penalty of one thousand dollars.

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