Fireworks cannot be set off except on News Year's Eve and Fourth of July between the hours of 9 2 a.m. the following morning.

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.

 Ordinance 10-1-10

Definitions – The following words, terms and phrases, when used in this article, have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

  • Consumer fireworks means those fireworks defined by Arizona Revised Statutes Section 36-1601(1). 
  • Display fireworks means those fireworks defined by Arizona Revised Statutes Section 36-1601(2). 
  • 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, or display firework as defined by Arizona Revised Statute Section 36-1601(3). 
  • 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. 
  • Permissible consumer fireworks means those fireworks as defined by Arizona Revised Statute Section 36-1601(5) that may be sold within the City even where the use of those items has been prohibited. 
  • Supervised public display means a monitored performance of display fireworks open to the public and authorized by permit by the Fire Chief or his designee. 

 B. Possession of Fireworks Prohibited; Exception – No person shall possess fireworks within the City except as follows: 

  1. Persons may possess novelty items. 
  2. Persons at least sixteen (16) years of age or older may possess permissible consumer fireworks. 

 C. Use of fireworks Prohibited; Exception – The use, discharge, or ignition of fireworks within the City is prohibited except as provided for in this section: 

  1. Fireworks are permitted to be used beginning at 9 a.m. the day of the special event and end at 2 a.m. the following morning for the following holidays: 

                 a. The Fourth of July 

                 b. New Year’s Eve 

  2. Nothing in this section or article shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a properly permitted supervised public display of fireworks. Sparklers greater than sixteen inches in total length are prohibited. 
  3. Permits may be granted by the 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 Fire Chief has authority to impose conditions on any permits granted. 

Failure to comply with any permit requirements issued by the Fire Chief is a misdemeanor offense punishable by a fine of not to exceed two thousand five hundred dollars or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove described. 

D. 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 years of age. 
  2. No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with state law or the Benson City Code. 
  3. No person shall sell permissible consumer fireworks without first obtaining an inspection from the Fire Chief for compliance with the currently adopted International Fire Code and applicable reference standard enforced in the City of Benson. Following such inspection, the Fire Chief shall issue a permit if the sales site is in compliance. 
  4. Temporary stands, canopies, and structures are required to obtain a temporary use permit or conditional use permit, as applicable. 
  5. No roadside sales shall be permitted. 


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