Chapter 9.04
FIREWORKS

Sections:

9.04.010    Definitions.

9.04.020    Sale, discharge and possession of certain fireworks restricted.

9.04.030    Enforcement.

9.04.040    Punishment.

*    Prior legislation: Code 1986 §§ 13-11-3-01 and 13-11-3-02.

9.04.010 Definitions.

All terms relating to fireworks used in this chapter shall have the same meaning as they are defined in Section 53-7-202, Utah Code Annotated 1953, of the Utah Fire Prevention Act and the State of Utah Department of Natural Resources Fire Restriction Order. [Ord. 2011-12-3 § 1.]

9.04.020 Sale, discharge and possession of certain fireworks restricted.

A. It is unlawful for any person to sell or offer for retail sale, or to discharge, or to have in their possession any fireworks in this municipality, other than class C common Utah state-approved explosives used in accordance with, and only on the dates allowed by, Sections 53-7-220 through 53-7-225, Utah Code Annotated 1953, the rules adopted pursuant thereto, and this chapter, except as otherwise permitted by state law.

B. It is unlawful for any person to discharge any fireworks within 20 feet of any residence, dwelling, or structure.

C. Due to unusual extreme hazardous fire conditions in certain portions of the municipality, the discharge of any and all fireworks, including class C common fireworks, is prohibited within town limits.

The following persons are exempted from the above prohibitions:

1. Any state or federal fire officer or law enforcement officer or firefighting forces in the performance of an official duty. [Ord. 2011-12-3 § 2.]

9.04.030 Enforcement.

A. Every officer charged with enforcement of state and municipal laws, including the fire marshal, is hereby charged with the responsibility to enforce this chapter.

B. Fireworks possessed, sold or offered for sale in violation of this chapter may be seized and destroyed and the license of the person selling or offering fireworks for sale may be revoked. [Ord. 2011-12-3 § 3.]

9.04.040 Punishment.

Violation of this chapter shall be a misdemeanor punishable by both fine and imprisonment as set forth in Utah law. Restitution will be determined by the courts. [Ord. 2011-12-3 § 4.]