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7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to fireworks.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that restrictions to when sales of fireworks can occur do not apply to
13 specified online and other sales.
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 2023, Chapter 341
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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) [
29 state approved explosives in the state as follows:
30 [
31 [
32 [
33 (b) The restrictions in Subsection (2)(a) do not apply to:
34 (i) online sales to a person outside the state for use outside the state; or
35 (ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).
36 (3) A person may not discharge class C common state approved explosives in the state
37 except as follows:
38 (a) between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the
39 hours are 11 a.m. to midnight:
40 (i) beginning on July 2 and ending on July 5; and
41 (ii) beginning on July 22 and ending on July 25;
42 (b) (i) beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day;
43 or
44 (ii) if New Year's eve is on a Sunday and the county, municipality, or metro township
45 determines to celebrate New Year's eve on the prior Saturday, then a person may discharge
46 class C common state approved explosives on that prior Saturday within the county,
47 municipality, or metro township;
48 (c) between the hours of 11 a.m. and 11 p.m. on January 1; and
49 (d) beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the
50 following day.
51 (4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the
52 person discharges a class C common state approved explosive:
53 (a) outside the legal discharge dates and times described in Subsection (3); or
54 (b) in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).
55 (5) (a) Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro
56 township, or the state forester may not prohibit a person from discharging class C common
57 state approved explosives during the permitted periods described in Subsection (3).
58 (b) (i) As used in this Subsection (5)(b), "negligent discharge":
59 (A) means the improper use and discharge of a class C common state approved
60 explosive; and
61 (B) does not include the date or location of discharge or the type of explosive used.
62 (ii) A municipality or metro township may prohibit:
63 (A) the discharge of class C common state approved explosives in certain areas with
64 hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or
65 (B) the negligent discharge of class C common state approved explosives.
66 (iii) A county may prohibit the negligent discharge of class C common state approved
67 explosives.
68 (c) The state forester may prohibit the discharge of class C common state approved
69 explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.
70 (6) If a municipal legislative body, the state forester, or a metro township legislative
71 body provides a map to a county identifying an area in which the discharge of fireworks is
72 prohibited due to a historical hazardous environmental condition under Subsection
73 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:
74 (a) create a county-wide map, based on each map the county has received, indicating
75 each area within the county in which fireworks are prohibited under Subsection
76 15A-5-202.5(1)(b);
77 (b) provide the map described in Subsection (6)(a) to:
78 (i) each retailer that sells fireworks within the county; and
79 (ii) the state fire marshal; and
80 (c) publish the map on the county's website.
81 (7) A retailer that sells fireworks shall display:
82 (a) a sign that:
83 (i) is clearly visible to the general public in a prominent location near the point of sale;
84 (ii) indicates the legal discharge dates and times described in Subsection (3); and
85 (iii) indicates the criminal charge and fine associated with discharge:
86 (A) outside the legal dates and times described in Subsection (3); and
87 (B) within an area in which fireworks are prohibited under Subsection
88 15A-5-202.5(1)(b); and
89 (b) the map that the county provides, in accordance with Subsection (6)(b).
90 Section 2. Effective date.
91 This bill takes effect on May 1, 2024.