Chapter 8.16
FIREWORKS
Sections:
8.16.010 Fireworks.
A. Definitions. The following words, terms, and phrases, when used in this chapter, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. "Display firework" means those fireworks defined by A.R.S. § 36-1601(3).
2. "Fireworks" means those fireworks defined by A.R.S. § 36-1601(4).
3. "Novelty items" means federally deregulated novelty items known as snappers, snap caps, party poppers, glowworms, snakes, toy smoke devices, and certain toys as defined in A.R.S. § 36-1601.
4. "Permissible consumer fireworks" means those fireworks as defined by A.R.S. § 36-1601(7).
5. "Supervised public display" means a monitored performance of display fireworks open to the public and authorized by permit by the Fire Marshal or his designee.
B. Fireworks Prohibited – Exceptions.
1. The sale, use, discharge, or ignition of fireworks within the Town of Pinetop-Lakeside is prohibited.
2. Nothing in this section or chapter shall be construed to prohibit the use, discharge, or ignition of novelty items or the occurrence of a supervised public display of fireworks.
3. Permits may be granted by the Fire Marshal 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 which 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 Marshal has the authority to impose conditions on any permits granted.
4. Failure to comply with any permit requirements issued by the Fire Marshal shall be subject to a civil penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000).
C. Sale of Permissible Consumer Fireworks.
1. In accordance with state statute, the sale of permissible consumer fireworks shall be permitted only between May 20th through July 6th and December 10th through January 3rd of each year. The authorized sale of permissible consumer fireworks during these times shall be suspended if Stage 1 or higher fire restrictions implemented by a federal or state agency are in place.
2. No person shall sell or permit or authorize the sale of fireworks pursuant to state law.
D. Use of Consumer Fireworks.
1. In accordance with state statute, the use of permissible consumer fireworks shall be permitted only between June 24th through July 6th and December 24th through January 3rd of each year. The use of consumer fireworks during these times shall be suspended if Stage 1 or higher fire restrictions implemented by a federal or state agency are in place.
2. The use of permissible consumer fireworks on publicly owned property, including public parks, publicly owned open space, and public streets, shall be prohibited.
E. Authority to Enforce Violations of This Chapter – Means of Enforcement.
1. The Fire Marshal or designee, or a City police officer, or the City Attorney may issue civil complaints to enforce violations of this chapter designated as civil offenses.
2. Any person authorized pursuant to this section to issue a civil complaint may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid issuance of a civil or criminal complaint.
3. A City police officer or the City Attorney may issue criminal complaints to enforce this chapter.
F. Liability for Emergency Responses Related to Use of Fireworks – Definitions.
1. A person who uses, discharges, or ignites permissible consumer fireworks, fireworks, or anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, is liable for the expenses of any emergency response that is required by such use, discharge or ignition. The fact that a person is convicted or found responsible for a violation(s) of this chapter is prima facie evidence of liability under this section.
2. The expenses of an emergency response are a charge against the person liable for those expenses pursuant to subsection (F)(1) of this section. The charge constitutes a debt of that person and may be collected proportionately by the public agencies, for-profit entities, or not-for-profit entities that incurred the expenses. The person’s liability for the expense of an emergency response shall not exceed two hundred fifty thousand dollars ($250,000) for a single incident. The liability imposed under this section is in addition to and not in limitation of any other liability that may be imposed.
3. For the purposes of this section:
a. "Expenses of an emergency response" means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
b. "Reasonable costs" includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.
G. Penalty. The penalty for violating any prohibition or requirement imposed by this chapter is a class three misdemeanor unless another penalty is specifically provided for. The City Magistrate may impose community service or diversion procedures in the interest of justice when applicable. (Ord. 15-390 § 1: Ord. 10-344 § 1 (part))