A. Definitions: The following words, terms and phrases, when used in this section, have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
CONSUMER FIREWORK: Fireworks as defined as such by Arizona Revised Statutes section 36-1601, as amended.
DISPLAY FIREWORK: Fireworks as defined as such by Arizona Revised Statutes section 36-1601, as amended.
EXPENSES OF AN EMERGENCY RESPONSE: The reasonable costs directly incurred by public agencies, for profit entities or not for profit entities that make an appropriate emergency response to an incident.
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, including a consumer firework, display firework or permissible consumer fireworks as defined by Arizona Revised Statutes section 36-1601, as 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 as defined in Arizona Revised Statutes section 36-1601, as amended.
PERMISSIBLE CONSUMER FIREWORKS: Those fireworks of the same title as defined by Arizona Revised Statutes section 36-1601.
REASONABLE COSTS: May include, but are not limited to, the costs of providing police, firefighting, rescue and emergency medical services at the scene of an incident and the salaries of the persons who respond to the incident.
SUPERVISED PUBLIC DISPLAY: A monitored professional or commercial performance of display fireworks open to the public and authorized by permit by the police chief or authorized designee. (Ord. 01-2011, 4-5-2011; amd. Ord. 04-2014, 7-1-2014)
B. Use Of Fireworks Prohibited; Exceptions:
1. The use, discharge or ignition of fireworks within the town is prohibited, except for the following:
a. The use of permissible consumer fireworks is allowed from June 24 through July 6 and December 24 through January 3 each year.
b. By permit for supervised public display of fireworks. (Ord. 04-2014, 7-1-2014)
2. Permits may be granted by the police chief or authorized designee for conducting a supervised public display of fireworks. Every such 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. A permit shall not be issued, and may be revoked, during periods of high fire danger warnings. The police chief or authorized designee has authority to impose conditions on any permits granted.
3. Failure to comply with any permit requirements issued by the police chief or authorized designee is a criminal offense punishable by a base fine of five hundred dollars ($500.00) for each violation per incident.
4. Nothing in this section shall be construed to prohibit the use, discharge or ignition of novelty items.
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 sixteen (16) years of age.
2. No person shall sell or permit or authorize the sale of permissible consumer fireworks in conflict with state law. (Ord. 01-2011, 4-5-2011)
3. The sale of permissible consumer fireworks is allowed from May 20 through July 6 and December 10 through January 3 each year.
D. Posting Of Signs By Persons Engaged In The Sale Of Fireworks; 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, including permissible consumer fireworks, except "novelty items" as defined by this code and state law, is prohibited within the corporate limits of the town, except the use of permissible consumer fireworks is allowed from June 24 through July 6 and December 24 through January 3 each year. If a federal or state agency implements stage one fire restrictions in any portion of La Paz County, all use of permissible consumer fireworks is prohibited. (Ord. 04-2014, 7-1-2014)
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 police chief or authorized 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 town clerk's office.
4. Failure to comply with subsection D1 or D2 of this section is a criminal offense punishable by a base fine of five hundred dollars ($500.00) to a maximum of two thousand five hundred dollars ($2,500.00) per incident.
E. Enforcement: The police chief or authorized designee, a town police officer or the town prosecutor may issue criminal complaints to enforce violations of this section designated as criminal offenses.
F. Liability For Emergency Responses Related To Use Of Fireworks:
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 an 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 subsection F1 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.
G. Unlawful: It is unlawful for any person within the limits of the town to blast or use powder, fireworks or other explosives except as set forth in this section. (Ord. 01-2011, 4-5-2011)
H. Penalty: Unless otherwise specifically set forth in this section, the penalty for violating any prohibition or requirement imposed by this section is a civil penalty of one thousand dollars ($1,000.00).
I. Stage One Fire Restrictions: If a federal or state agency implements stage one fire restrictions in any portion of La Paz County, all sale and use of fireworks, including permissible consumer fireworks, is prohibited. (Ord. 04-2014, 7-1-2014)