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ARIZONA STATE SENATE

Fifty-Fourth Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1037

 

public fireworks displays; permits

Purpose

            Allows a fire district chief or fire district board, rather than a justice of the peace, to issue permits for public displays of fireworks (fireworks displays) located at least 50 miles from a county seat.

Background

            Each governing body may adopt reasonable rules and regulations for the granting of permits for supervised fireworks displays within its jurisdiction. Applications for permits must be made at least five days before the fireworks display. Every fireworks display must be handled by a competent operator and be located, discharged and fired so that it will not be hazardous to property or endanger any person. A fireworks display may be approved after an investigation by the fire district chief of the city or town or sheriff of the county. The governing body must require each permittee to provide a satisfactory bond in a principal amount of at least $500, conditioned upon payment of all damages which may be caused by the fireworks display (A.R.S. § 36-1604).

            If a community, organization or group wishes to obtain a permit for a fireworks display located at least 50 miles from the county seat, an application may be made to the justice of the peace for the appropriate precinct. The justice of the peace may issue the permit in the same manner as the county board of supervisors (county BOS), following an investigation by the constable. After issuing a permit, the justice of the peace must notify the county BOS and transmit the bond of the permittee to the county BOS (A.R.S. § 36-1603).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.      Allows a community, organization or group seeking a permit for a fireworks display in a locality that is at least 50 miles from the county seat, to apply to the locality's fire district chief or fire district board, rather than the justice of the peace.

2.      Requires the fire district chief or fire district board, rather than the constable, to investigate the application for a permit for a fireworks display.

3.      Requires the fire district chief or fire district board to promptly report to the county BOS regarding any permit issued.

4.      Makes technical and conforming changes.

5.      Becomes effective on the general effective date.

Prepared by Senate Research

January 23, 2020

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