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7 LONG TITLE
8 General Description:
9 This bill modifies provisions regarding the discharge of fireworks.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that fireworks may be discharged between 11 a.m. and 11 p.m. on January
13 1.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 53-7-225, as last amended by Laws of Utah 2018, Chapter 189
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 53-7-225 is amended to read:
24 53-7-225. Times for sale and discharge of fireworks -- Criminal penalty --
25 Permissible closure of certain areas -- Maps and signage.
26 (1) Except as provided in Section 53-7-221, this section supersedes any other code
27 provision regarding the sale or discharge of fireworks.
28 (2) A person may sell class C common state approved explosives in the state as
29 follows:
30 (a) beginning on June 24 and ending on July 25;
31 (b) beginning on December 29 and ending on December 31; and
32 (c) two days before and on the Chinese New Year's eve.
33 (3) A person may not discharge class C common state approved explosives in the state
34 except as follows:
35 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
36 hours are 11 a.m. to midnight:
37 (i) beginning on July 2 and ending on July 5; and
38 (ii) beginning on July 22 and ending on July 25;
39 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
40 or
41 (ii) if New Year's eve is on a Sunday and the county, municipality, or metro township
42 determines to celebrate New Year's eve on the prior Saturday, then a person may discharge
43 class C common state approved explosives on that prior Saturday within the county,
44 municipality, or metro township; [
45 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
46 [
47 the following day.
48 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
49 person discharges a class C common state approved explosive:
50 (a) outside the legal discharge dates and times described in Subsection (3); or
51 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
52 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
53 township, or the state forester may not prohibit a person from discharging class C common
54 state approved explosives during the permitted periods described in Subsection (3).
55 (b) (i) As used in this Subsection (5)(b), "negligent discharge":
56 (A) means the improper use and discharge of a class C common state approved
57 explosive; and
58 (B) does not include the date or location of discharge or the type of explosive used.
59 (ii) A municipality or metro township may prohibit:
60 (A) the discharge of class C common state approved explosives in certain areas with
61 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
62 (B) the negligent discharge of class C common state approved explosives.
63 (iii) A county may prohibit the negligent discharge of class C common state approved
64 explosives.
65 (c) The state forester may prohibit the discharge of class C common state approved
66 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
67 (6) If a municipal legislative body, the state forester, or a metro township legislative
68 body provides a map to a county identifying an area in which the discharge of fireworks is
69 prohibited due to a historical hazardous environmental condition under Subsection
70 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
71 (a) create a county-wide map, based on each map the county has received, indicating
72 each area within the county in which fireworks are prohibited under Subsection
73 15A-5-202.5(1)(b);
74 (b) provide the map described in Subsection (6)(a) to:
75 (i) each retailer that sells fireworks within the county; and
76 (ii) the state fire marshal; and
77 (c) publish the map on the county's website.
78 (7) A retailer that sells fireworks shall display:
79 (a) a sign that:
80 (i) is clearly visible to the general public in a prominent location near the point of sale;
81 (ii) indicates the legal discharge dates and times described in Subsection (3); and
82 (iii) indicates the criminal charge and fine associated with discharge:
83 (A) outside the legal dates and times described in Subsection (3); and
84 (B) within an area in which fireworks are prohibited under Subsection
85 15A-5-202.5(1)(b); and
86 (b) the map that the county provides, in accordance with Subsection (6)(b).