(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) CONSUMER FIREWORKS. Those fireworks defined by A.R.S. § 36-1601.
(2) DISPLAY FIREWORKS. Those fireworks defined by A.R.S. § 36-1601.
(3) FIREWORK. 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.
(4) 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.
(5) PERMISSIBLE CONSUMER FIREWORKS. Those fireworks as defined by A.R.S. § 36-1601 that may be sold within the town even where the use of those items has been prohibited.
(6) SUPERVISED PUBLIC DISPLAY. A monitored performance of display fireworks open to the public and authorized by permit by the Fire Chief or his or her designee.
(B) Fireworks prohibited; exceptions.
(1) The use, discharge or ignition of fireworks within the town is prohibited.
(2) Nothing in this section or article 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 properly supervised public display of fireworks. 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. A permit shall not be issued, and may be revoked, during time periods of high fire danger warnings. The Fire Chief has authority to impose conditions on any permits granted.
(4) Failure to comply with any permit requirements issued by the Fire Chief is a Class 1 misdemeanor criminal offense punishable by a fine of up to $2,500 plus applicable surcharges and up to six months in jail, or both.
(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, except novelty items as defined by Town Code, including permissible consumer fireworks is prohibited; and
(b) Consumer fireworks authorized for sale under state law may not be sold to persons who are under 16 years of age.
(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 town’s website and filed with the Clerk’s Office.
(4) Failure to comply with divisions (D)(1) and (2) of this section is a Class 1 misdemeanor criminal offense punishable by a fine of up to $2,500 plus applicable surcharges and up to six months in jail, or both.
(E) Authority to enforce violations of this article; means of enforcement.
(1) A Town Police Officer or the Town Attorney may issue criminal complaints to enforce violations of this § 91.15.
(2) The Florence Fire Chief or his or her designee, or any person authorized pursuant to this section to issue a criminal 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 criminal complaint.
(3) A Town Police Officer or the Town Attorney may issue criminal complaints to enforce this article.
(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 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 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 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 section:
(a) EXPENSES OF AN EMERGENCY RESPONSE means reasonable costs directly incurred by public agencies, for-profit entities or not-for-profit entities that make an appropriate emergency response to an incident; and
(b) 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 respond to the incident.
(G) Penalty.
(1) The penalty for violating any prohibition or requirement imposed by § 91.15 of the Florence Town Code is a punishable Class 1 misdemeanor criminal offense punishable by a fine of up to $2,500 plus applicable surcharges and up to six months in jail, or both unless another penalty is specifically provided for.
(Ord. 543-10, passed 9-20-2010)