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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
fireworks; use; overnight hours; prohibition
Purpose
Allows a city, town or county to prohibit the use of permissible consumer fireworks (consumer fireworks) on all days between the hours of 10:00 p.m. and 8:00 a.m.
Background
Statute declares the sale and use of consumer fireworks to be of statewide concern and not subject to further regulation except as prescribed. A city or town within its corporate limits, or a county within unincorporated areas, may: 1) prohibit the sale or use of consumer fireworks on all days other than between specified dates; 2) regulate consumer fireworks sales consistent with National Fire Protection Association standards; and 3) prohibit the use of consumer fireworks on all days within a one-mile radius of preservation lands owned by a city or town that has purchased more than 15,000 acres of land for preservation.
A county, city or town in a county with a population of fewer than 500,000 persons may prohibit: 1) consumer firework sale and use between the specified dates if a federal or state agency implements a stage one or higher fire restriction; and 2) consumer firework use on all days within one mile of a municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area. A county, city or town in a county with a population of more than 500,000 persons may prohibit, on all days during a stage one or higher fire restriction, consumer firework use within one mile of the outlined areas (A.R.S. § 36-1606).
Permissible
consumer fireworks include: 1) ground and handheld sparkling devices;
2) cylindrical and cone fountains; 3) illuminating torches; 4) wheels; 5)
ground spinners; 6) flitter sparklers; 7) toy smoke devices; 8) wire sparklers
or dipped sticks; 9) multiple tube ground and handheld sparkling devices,
cylindrical and cone fountains and illuminating torches; and 10) in a county
with a population of more than 500,000 persons, adult snappers. Permissible
consumer fireworks do not include anything designed or intended to rise
into the air and explode, to detonate in the air or to fly above the ground (A.R.S.
§ 36-1601).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a city, town or county to prohibit the use of consumer fireworks on all days between the hours of 10:00 p.m. and 8:00 a.m.
2. Becomes effective on the general effective date.
House Action
MAPS 2/15/21 DP 13-1-0-0
3rd Read 2/24/21 35-24-1
Prepared by Senate Research
March 8, 2021
LB/MC/kja