Arizona 2024 Regular Session

Arizona Senate Bill SB1220 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: fireworks; sale; use; restrictions State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1220 Introduced by Senators Marsh: Alston, Bravo, Burch, Epstein, Fernandez, Gabaldn, Hatathlie, Hernandez, Mendez, Miranda; Representatives Schwiebert, Terech An Act amending section 36-1606, Arizona Revised Statutes; relating to fireworks. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: fireworks; sale; use; restrictions
10	10	State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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12	12	Introduced by Senators Marsh: Alston, Bravo, Burch, Epstein, Fernandez, Gabaldn, Hatathlie, Hernandez, Mendez, Miranda; Representatives Schwiebert, Terech
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14	14	REFERENCE TITLE: fireworks; sale; use; restrictions
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44	44	Introduced by
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46	46	Senators Marsh: Alston, Bravo, Burch, Epstein, Fernandez, Gabaldn, Hatathlie, Hernandez, Mendez, Miranda; Representatives Schwiebert, Terech
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64	64	An Act
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68	68	amending section 36-1606, Arizona Revised Statutes; relating to fireworks.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-1606, Arizona Revised Statutes, is amended to read: START_STATUTE36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows: 1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following: (a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits. (b) Prohibit the sale of permissible consumer fireworks on days other than April 25 through May 6, May 20 through July 6 5 and December 10 through January 3 1 of each year and two days before the first day of Diwali through the third day of Diwali each year. (c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year and the second and third days of Diwali of each year. (d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes. (e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area. (f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except: (i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year. (ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year. 2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following: (a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks. (b) Prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 5 and December 10 through January 3 1 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 5 and December 10 through January 3 1 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place. (c) Prohibit the use of permissible consumer fireworks on days other than June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year. The use of permissible consumer fireworks may be prohibited during June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place. (d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes. (e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area. (f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except: (i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year. (ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year. B. Notwithstanding subsection A of this section, a local government may not regulate or prohibit on any day the use of permissible consumer fireworks if the fireworks are being used as part of an established religious ceremony. B. C. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one-half inches by eleven inches in size, that is on cardstock paper in landscape orientation, that lists the days of that year that are described in subsection A, paragraph 1 of this section relating to the time frame surrounding Diwali and that contains the following language on a contrasting background may be posted by the retail sales display of permissible consumer fireworks: State of Arizona Consumer Fireworks Regulations Arizona Revised Statutes section 36-1601, et al. The use of permissible consumer fireworks as defined under state law is allowed: May 4 - May 6, June 24 July 4 July 6 5 and December 26 31 January 4 1 The sale of permissible consumer fireworks as defined under state law is allowed: April 25 - May 6, May 20 July 6 5 and December 10 January 3 1 All other fireworks are prohibited, except as authorized by local fire department permit. The sale and use of novelties known as snappers (pop-its), party poppers, glow worms, snakes, toy smoke devices and sparklers are permitted at all times. Permissible consumer fireworks may not be sold to persons under sixteen years of age. Check with your local fire department for additional regulations and dates before using. C. D. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 36-1606, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction
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86	86	A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows:
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88	88	1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:
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90	90	(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits.
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92	92	(b) Prohibit the sale of permissible consumer fireworks on days other than April 25 through May 6, May 20 through July 6 5 and December 10 through January 3 1 of each year and two days before the first day of Diwali through the third day of Diwali each year.
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94	94	(c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year and the second and third days of Diwali of each year.
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96	96	(d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.
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98	98	(e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.
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100	100	(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:
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102	102	(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.
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104	104	(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.
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106	106	2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:
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108	108	(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks.
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110	110	(b) Prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 5 and December 10 through January 3 1 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 5 and December 10 through January 3 1 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.
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112	112	(c) Prohibit the use of permissible consumer fireworks on days other than June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year. The use of permissible consumer fireworks may be prohibited during June 24 July 4 through July 6 5 and December 26 31 through January 4 1 of each year if a federal or state agency implements a stage one or higher fire restriction. Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.
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114	114	(d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.
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116	116	(e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.
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118	118	(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:
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120	120	(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.
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122	122	(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.
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124	124	B. Notwithstanding subsection A of this section, a local government may not regulate or prohibit on any day the use of permissible consumer fireworks if the fireworks are being used as part of an established religious ceremony.
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126	126	B. C. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one-half inches by eleven inches in size, that is on cardstock paper in landscape orientation, that lists the days of that year that are described in subsection A, paragraph 1 of this section relating to the time frame surrounding Diwali and that contains the following language on a contrasting background may be posted by the retail sales display of permissible consumer fireworks:
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128	128	State of Arizona
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130	130	Consumer Fireworks Regulations
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132	132	Arizona Revised Statutes section 36-1601, et al.
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134	134	The use of permissible consumer fireworks
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136	136	as defined under state law is allowed:
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138	138	May 4 - May 6, June 24 July 4 July 6 5 and December 26 31
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140	140	January 4 1 The sale of permissible consumer fireworks
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142	142	as defined under state law is allowed:
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144	144	April 25 - May 6, May 20 July 6 5 and December 10 January 3 1
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146	146	All other fireworks are prohibited, except
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148	148	as authorized by local fire department permit.
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150	150	The sale and use of novelties known as snappers (pop-its),
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152	152	party poppers, glow worms, snakes, toy smoke devices and
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154	154	sparklers are permitted at all times.
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156	156	Permissible consumer fireworks may not be sold to
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158	158	persons under sixteen years of age.
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160	160	Check with your local fire department for additional
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162	162	regulations and dates before using.
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164	164	C. D. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article. END_STATUTE