Representative Candice B. Pierucci proposes the following substitute bill:


1     
FIREWORKS AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Candice B. Pierucci

5     
Senate Sponsor: Daniel McCay

6     

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
21     

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; [and]
45          (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
46          [(c)] (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on
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).