53-7-225. Times for sale and discharge of fireworks -- Criminal penalty -- Permissible closure of certain areas -- Maps and signage.
(1) Except as provided in Section, this section supersedes any other code provision regarding the sale or discharge of fireworks. 53-7-221
(2) Except as provided in Subsection (2)(b), a person may sell a division 1.4G common state approved explosive in the state as follows: beginning on June 24 and ending on July 25; beginning on December 29 and ending on December 31; and two days before and on the Chinese New Year's eve. The restrictions in Subsection (2)(a) do not apply to: online sales to a person outside the state for use outside the state; or sales to persons described in Subsection. 53-7-222(1)(b)(i)(A)
(3) A person may not discharge a division 1.4G common state approved explosive in the state except as follows: between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the hours are 11 a.m. to midnight: beginning on July 2 and ending on July 5; and beginning on July 22 and ending on July 25; beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; or if New Year's eve is on a Sunday and the county or municipality determines to celebrate New Year's eve on the prior Saturday, then a person may discharge a division 1.4G common state approved explosive on that prior Saturday within the county or municipality; between the hours of 11 a.m. and 11 p.m. on January 1; and beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the following day.
(4) A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person discharges a division 1.4G common state approved explosive: outside the legal discharge dates and times described in Subsection (3); or in an area in which fireworks are prohibited under Subsection. 15A-5-202.5(1)(b)
(5) Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the state forester may not prohibit a person from discharging a division 1.4G common state approved explosive during the permitted periods described in Subsection (3). As used in this Subsection (5)(b), "negligent discharge": means the improper use and discharge of a division 1.4G common state approved explosive; and does not include the date or location of discharge or the type of explosive used. A municipality may prohibit: the discharge of a division 1.4G common state approved explosive in certain areas with hazardous environmental conditions, in accordance with Subsection; or 15A-5-202.5(1)(b) the negligent discharge of a division 1.4G common state approved explosive. A county may prohibit the negligent discharge of a division 1.4G common state approved explosive. The state forester may prohibit the discharge of a division 1.4G common state approved explosive as provided in Subsectionor Section. 15A-5-202.5(1)(b) 65A-8-212
(6) If a municipal legislative body or the state forester provides a map to a county identifying an area in which the discharge of fireworks is prohibited due to a historical hazardous environmental condition under Subsection, the county shall, before June 1 of that same year: 15A-5-202.5(1)(b) create a county-wide map, based on each map the county has received, indicating each area within the county in which fireworks are prohibited under Subsection; 15A-5-202.5(1)(b) provide the map described in Subsection (6)(a) to: each retailer that sells fireworks within the county; and the state fire marshal; and publish the map on the county's website.
(7) A retailer that sells fireworks shall display: a sign that: is clearly visible to the general public in a prominent location near the point of sale; indicates the legal discharge dates and times described in Subsection (3); and indicates the criminal charge and fine associated with discharge: outside the legal dates and times described in Subsection (3); and within an area in which fireworks are prohibited under Subsection; and 15A-5-202.5(1)(b) the map that the county provides, in accordance with Subsection (6)(b).