(A) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(1) CONSUMER FIREWORK. Those fireworks defined by A.R.S. § 36-1601.
(2) DISPLAY FIREWORK. Those fireworks defined by A.R.S. § 36-1601.
(3) 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 fireworks” 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, non-ignition 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 maybe sold within the town even where their use has been prohibited.
(6) SUPERVISED PUBLIC DISPLAY. A monitored performance of display fireworks open to the public, not sponsored by the town, and authorized by permit of the Fire Chief.
(7) TOWN-SPONSORED DISPLAY. A performance of display fireworks open to the public and paid for, in whole or in part, by the town.
(B) Prohibitions.
(1) The use, discharge or ignition of fireworks within the town is prohibited except as provided in this section.
(2) Conducting a supervised public display of fireworks in violation of division (D) is prohibited.
(C) Exceptions. Nothing in this section shall be construed to prohibit or regulate any of the following:
(1) The use, discharge or ignition of novelty items;
(2) Town-sponsored displays.
(D) Supervised public displays.
(1) The Fire Chief may grant a permit for conducting a supervised public display of fireworks. Conditions that are necessary to protect the health and safety of the community shall be included in such permit.
(2) 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.
(3) The Fire Chief has the authority to reject or revoke a permit for a supervised public display during times of high fire danger.
(E) 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 permissible consumer fireworks without first obtaining an inspection from the Fire Chief for compliance with the International Fire Code as adopted by the town.
(a) Following such inspection, the Fire Chief shall issue a permit if the sales site is in compliance.
(b) No roadside sales shall be permitted.
(F) Posting of signs by persons engaged in the sale of fireworks.
(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 town, except novelty items as defined by this section, 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 division shall be placed at each cash register and in each area where fireworks are displayed for sale.
(3) The Fire Chief shall develop an administrative policy concerning the size and color of the required signs and shall develop a model sign. The administrative policy and model sign shall be posted on the town's website and filed with the Clerk's office.
(G) Enforcement. A police officer or the Town Attorney may issue criminal complaints to enforce this section.
(H) Liability for emergency responses related to the use of fireworks; definitions.
(1) A person who uses, discharges or ignites permissible consumer fireworks, fireworks or anything 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 required by such use, discharge or ignition. The fact that a person is convicted for a violation(s) of this section is prima facie evidence of liability under this division.
(2) The expenses of an emergency response are a charge against the person liable for those expenses pursuant to division (1) above.
(a) 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.
(b) The person's liability for the expense of an emergency response shall not exceed $100,000 for a single incident.
(c) The liability imposed under this division is in addition to and not in limitation of any other liability that may be imposed.
(3) For the purposes of this division:
(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.
(b) REASONABLE COSTS include 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.
(Ord. 788, passed 9-2-10; Res. 2572, passed 9-2-10)