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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
fireworks; use; overnight hours; prohibition
Purpose
Allows a city, town or county to prohibit the use of permissible consumer fireworks (consumer fireworks) between 11:00 P.M. and 8:00 A.M. on all days except the New Year and July 4 holidays.
Background
The sale and use of consumer fireworks are of statewide concern and not subject to further regulation, except that a city or town within corporate limits or county within unincorporated areas may: 1) prohibit the sale and use of consumer fireworks on all days except specified dates; 2) regulate, consistent with the standards set by the National Fire Protection Association, the sale of consumer fireworks within its corporate limits; and 3) prohibit the use of consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than 15,000 acres of land for preservation purposes.
A county and city or town in a county with a population of less than 500,000 may prohibit the sale and use of consumer fireworks if a federal or state agency implements a stage one or higher fire restriction and on all days within a one-mile radius of specified areas. A county and city or town in a county with a population of more than 500,000 persons may prohibit the use of consumer fireworks on all days during a stage one or higher fire restriction within a one-mile radius of specified areas (A.R.S. § 36-1606).
Statute
specifies consumer fireworks are the following types of fireworks as defined by
the American Pyrotechnics Association (APA): 1) ground and handheld sparkling
devices;
2) cylindrical fountains; 3) cone fountains; 4) illuminating torches; 5) wheels;
6) ground spinners; 7) flitter sparklers; 8) toy smoke devices; 9) wire sparklers
or dipped sticks; and 10) multiple tube ground and handheld sparkling devices,
cylindrical fountains, cone fountains and illuminating torches manufactured to
the APA's standards (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, on all days, the use of consumer fireworks between the hours of 11:00 P.M. and 8:00 A.M. except:
a) between the hours of 11:00 P.M. on December 31 of each year through 1:00 A.M. on January 1 of each year; and
b) between the hours of 11:00 P.M. on July 4 of each year through 1:00 A.M. on July 5 of each year.
2. Becomes effective on the general effective date.
Prepared by Senate Research
January 21, 2022
JT/CY/sr