Sec. 42-115. - Fireworks.
(a) Definitions. All references to Arizona Revised Statutes in this article refer to the statute as amended or replaced. The following words, terms and phrases when used in the article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Consumer firework has the same meaning prescribed in A.R.S. § 36-1601.
Display firework has the same meaning prescribed in A.R.S. § 36-1601.
Fireworks has the same meaning prescribed in A.R.S. § 36-1601.
NFPA 1124 has the same meaning prescribed in A.R.S. § 36-1601.
Permissible consumer fireworks has the same meaning prescribed in A.R.S. § 36-1601.
Person has the same meaning prescribed in A.R.S. § 36-1601.
Public right-of-way has the same meaning prescribed in chapter 10, section 10-221 of this Code.
Supervised public display means a monitored performance of display fireworks open to the public and authorized by permit by the Gilbert Fire Chief.
(b) Fireworks prohibited; exceptions. Except as otherwise provided by this Code and A.R.S. §§ 36-1602 and 36-1605, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks or permissible consumer fireworks. A violation of this section is a class 1 misdemeanor.
(c) Supervised public display of fireworks.
(1) As provided by A.R.S. § 36-1603 and NFPA 1124, permits are required for any supervised public display of fireworks.
(2) Application for a permit shall be made in writing not less than five days prior to the date of the display. Every display shall be handled by a competent operator, and shall be of a character and located, discharged and fired so that it will not be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the fire chief. after a permit is granted, the sale, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit is transferable or assignable.
(3) The fire chief has authority to impose conditions on any permits granted under this section and shall consider the danger the public display of fireworks poses to persons, animals, and property.
(4) A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings, including all days during a stage one or higher fire restriction.
(5) As provided by A.R.S. § 36-1604, each permittee shall be required to give a satisfactory bond in a principal amount not less than $500.00, conditioned upon payment of all damages which may be caused to persons or property by reason of the display.
(d) Use of permissible consumer fireworks prohibited; exceptions.
(1) As provided by A.R.S. § 36-1606, the use of permissible consumer fireworks within gilbert is prohibited, except:
a. May 4 through May 6 between 8:01 a.m. and 10:59 p.m.
b. June 24 through July 3 between 8:01 a.m. and 10:59 p.m.
c. July 4 between 8:01 a.m. and 11:59 p.m.
d. July 5 between 12:00 a.m. and 1:00 a.m. and between 8:01 a.m. and 10:59 p.m.
e. July 6 between 8:01 a.m. and 10:59 p.m.
f. December 26 through December 30 between 8:01 a.m. and 10:59 p.m.
g. December 31 between 8:01 a.m. and 11:59 p.m.
h. January 1 between 12:00 a.m. and 1:00 a.m. and between 8:01 a.m. and 10:59 p.m.
i. January 2 through January 3 between 8:01 a.m. and 10:59 p.m.
j. The second and third days of Diwali between 8:01 a.m. and 10:59 p.m.
(2) The use of permissible consumer fireworks is prohibited on all public property, including all public parks and public rights-of-way.
(3) The fire chief may prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any town-owned preserve, desert park, regional park, designated conservation area, national forest or wilderness area.
(e) Sale of permissible consumer fireworks prohibited; permit required; exceptions.
(1) As provided by A.R.S. § 36-1606 and consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks is prohibited, except:
a. April 25 through May 6.
b. May 20 through July 6.
c. December 10 through January 3.
d. Up to two days before the first day of Diwali through the third day of Diwali.
(2) No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person who is under 16 years of age.
(3) The posting of signs by persons engaged in the sale of permissible consumer fireworks is required. Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs that comply with all of the requirements and locations outlined in A.R.S. § 36-1606(B) and NFPA 1124, including at each cash register and in each area where fireworks are displayed for sale.
(4) Pursuant to the international fire code, an operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects.
(f) Liability for emergency responses related to use of fireworks or permissible consumer fireworks.
(1) A person who inappropriately or negligently 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 article 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 subpart (a) 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 $10,000.00 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 a public agency, for-profit entities, or not-for-profit entities that makes an appropriate emergency response to an incident, including the costs of providing police, firefighting, rescue and emergency medical services at the scene of an accident and the salaries of the persons who respond to the accident but excluding charges assessed by an ambulance service that is regulated pursuant to A.R.S. Title 36, Chapter 21.1, Article 2.
b. "Public agency" means this state and any city, county, municipal corporation, district or other public authority that is located in whole or in part in this state and that provides police, firefighting, medical or other emergency services.
(g) Seizure; enforcement.
(1) Gilbert Police Officers shall seize, remove or cause to be removed, at the expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed in violation of this section.
(2) Gilbert Police Officers or the Gilbert Fire Marshal may seize, remove or cause to be removed all fireworks for sale or offered for sale. In addition to the penalty imposed by subsection (b) of this section, a fine shall be imposed by the gilbert municipal court on the owner of the fireworks that, at a minimum, covers the cost of the enforcement of this subsection.
(3) A person that has fireworks confiscated more than two times in a five-year period is prohibited from selling permissible consumer fireworks in Gilbert for the three succeeding years following the most recent violation.
(Ord. No. 2309, § I, 11-11-10; Ord. No. 2315, § I, 12-9-10; Ord. No. 2494, § I, 6-5-14; Ord. No. 2888, § 1, 12-12-23)
