(A) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONSUMER FIREWORK. Those fireworks defined by A.R.S. § 36-1601, as may be amended.
DISPLAY FIREWORK. Those fireworks defined by A.R.S. § 36-1601, as may be amended.
FIREWORKS. Any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework, display firework or permissible consumer firework as defined by A.R.S. § 36-1601, as may be amended.
NOVELTY ITEMS. Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices, sparklers, and certain toys defined in A.R.S. § 36-1601, as may be amended.
PERMISSIBLE CONSUMER FIREWORKS. Those fireworks as defined by A.R.S. § 36-1601, as may be amended, that may be sold within the Town of Cave Creek even where the use of those items has been prohibited.
SUPERVISED PUBLIC DISPLAY. A monitored performance of display fireworks open to the public and authorized by permit by the town's Fire Code Official or designee.
(B) Fireworks prohibited; exceptions.
(1) The use, discharge or ignition of fireworks or novelty items within the town is prohibited except as provided for in this section.
(a) In the town core commercial, general commercial zoning districts and any public golf course and is limited to occurring between the dates of June 24 through July 6 and December 24 through January 3.
(2) Nothing in this section or chapter shall be construed to prohibit the use, discharge or ignition of novelty items or the occurrence of a supervised public display of fireworks.
(3) Permits may be granted by the town Fire Code Official or designee for conducting a property supervised public display of fireworks and a copy of that permit shall be given to the local Fire Chief. Every such public display of fireworks shall be of such character and so located, discharged or fired, only after proper inspection and in a manner that does not endanger persons, animals, or property. Permits shall comply with the requirements of the most recent version of NFPA 1123 Code for fireworks display. A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. The Fire Code Official has authority to impose conditions on any permits issued, including, but not limited to, those requirements contained in A.R.S. Title 36, the Fire Code adopted by the town and any other applicable law.
(4) Failure to comply with any permit requirements issued by the Fire Code Official is a civil code infraction punishable by a civil fine up to $500 for each violation.
(C) Sale of fireworks.
(1) No person shall sell or permit or authorize the sale of permissible consumer fireworks to a person who is under 16 years of age.
(2) No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with state law.
(3) No person shall sell or permit or authorize the sale of permissible consumer fireworks within the boundaries of the town except during the dates of May 20 through July 6 and December 10 through January 3.
(D) Posting of signs by persons engaged in the sale of fireworks; civil penalty.
(1) Prior to the sale of permissible consumer fireworks, every person engaged in such sales shall prominently display signs indicating the following:
(a) The use of fireworks and novelty items as defined by Town Code, including permissible consumer fireworks is prohibited.
(b) Consumer fireworks authorized for sale under state law may not be sold to persons under the age of 16.
(2) Signs required under this section shall be placed at each cash register and in each area where fireworks are displayed for sale.
(3) The Fire Code Official or designee shall develop regulations concerning the size and color of the required signs and shall develop a model sign. The required sign regulations and model sign shall be posted on the town’s website and filed with the Clerk’s office.
(4) Failure to comply with divisions (D)(1) and (2) above is a civil code infraction punishable by a civil fine up to $500 for each violation.
(E) Authority to enforce violations of this section; means of enforcement.
(1) The Fire Code Official, or designee, any peace officer, Town Marshal, the Town Attorney, or the Town Prosecutor may issue civil code infraction complaints to enforce violations of this section designated as civil offenses.
(2) Any person authorized pursuant to this section to issue a civil complaint may also issue a notice of violation specifying actions to be taken and the time in which they are to be taken to avoid issuance of a civil or criminal complaint.
(3) Any peace officer, Town Marshal, the Town Attorney or the Town Prosecutor may issue criminal complaints to enforce this section.
(F) Liability for emergency responses related to use of fireworks; definitions.
(1) A person who 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 section 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 division (F)(1) above. 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 $ 25,000 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 division (F), the following definitions shall apply unless the context clearly indicates or requires a different meaning:
EXPENSES OF AN EMERGENCY RESPONSE. Reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident.
REASONABLE COSTS. Includes the costs of providing police, fire fighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who responded to the incident.
(G) Penalty. The penalty for violating any prohibition or requirement imposed by this section is a Class 3 misdemeanor unless another penalty is specifically provided for.
(Ord. O2010-09, passed 10-18-10; Am. Ord. O2017-07, passed 6-19-17)