(A) Definitions. For the purpose of this section, 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.
DISPLAY FIREWORK.
Those fireworks defined by A.R.S. § 36-1601.
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.
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 as defined in A.R.S. § 36-1601.
PERMISSIBLE CONSUMER FIREWORKS.
Those fireworks as defined by A.R.S. § 36-1601 that may be sold within the City of El Mirage 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 issued by the Fire Chief or his or her designee.
(B) Use of fireworks prohibited; exceptions.
(1) Except as otherwise provided herein, the use, discharge or ignition of fireworks within the City of El Mirage is prohibited.
(2) Nothing in this section or subchapter 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 Fire Chief or designee for conducting a supervised public display of fireworks. Every supervised 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. The Fire Chief has authority to impose conditions on any permits granted. When a high fire danger is declared, the Fire Chief shall not issue a permit, or shall revoke a permit previously issued, for supervised public display of fireworks.
(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.
(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 within the City of El Mirage, including permissible consumer fireworks, as defined by City of El Mirage Code, 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 Chief 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 City of El Mirage's website and filed with the Clerk's office.
(4) Failure to comply with divisions (D)(1) or (D)(2) above is a civil offense punishable by a minimum fine of not less than $500 or more than $1,000.
(E) Authority to enforce violations of this article; means of enforcement.
(1) The Fire Chief or designee, a City of El Mirage police officer, a City of El Mirage Code Enforcement Officer, or the City Attorney may issue civil complaints to enforce violations of this section.
(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) A City of El Mirage police officer or the Fire Chief or his or her designee 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, prohibited novelty items, 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, parent or legal guardian if a minor, liable for those expenses pursuant to division (F)(1) 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 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, 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.
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 respond to the incident.
(G) Penalty. A violation of any provision of § 95.02(B) or (C) may be cited as either a civil infraction or class one misdemeanor offense. Each day that a violation continues after due notice has been served, with reasonable opportunity to abate the violation, shall be deemed a separate offense.
(Ord. O10-10-17, passed 10-28-2010)