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ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
public fireworks displays; permits
Purpose
Allows a fire district chief or fire district board to issue permits for public displays of fireworks (fireworks displays) located at least 50 miles from a county seat and outside an incorporated city or town.
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 and outside an incorporated city or town, to apply to the locality's fire district chief or fire district board for the permit.
2. Requires the fire district chief or fire district board 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.
Amendments Adopted by Committee
1. Reinserts the ability of 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 and outside of an incorporated city or town to apply to the justice of the peace of the precinct for the permit.
2. Reinserts the ability of the constable to make an investigation relating to the fireworks display before a permit is issued.
3. Makes technical and conforming changes.
Senate Action
GOV 1/27/20 DPA 6-1-0
Prepared by Senate Research
January 29, 2020
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