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:

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:

 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.