53-7-225.  Times for sale and discharge of fireworks — Criminal penalty — Permissible closure of certain areas — Maps and signage.

(1)  Except as provided in Section 53-7-221, this section supersedes any other code provision regarding the sale or discharge of fireworks.

Terms Used In Utah Code 53-7-225

  • Fireworks: means :
(i) class C explosives;
(ii) class C dangerous explosives; and
(iii) class C common state approved explosives. See Utah Code 53-7-202
  • Person: means :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
    • (2)  A person may sell class C common state approved explosives in the state as follows:

    (a)  beginning on June 24 and ending on July 25;

    (b)  beginning on December 29 and ending on December 31; and

    (c)  two days before and on the Chinese New Year’s eve.

    (3)  A person may not discharge class C common state approved explosives in the state except as follows:

    (a)  between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the hours are 11 a.m. to midnight:

    (i)  beginning on July 2 and ending on July 5; and

    (ii)  beginning on July 22 and ending on July 25;

    (b) 

    (i)  beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; or

    (ii)  if New Year’s eve is on a Sunday and the county, municipality, or metro township determines to celebrate New Year’s eve on the prior Saturday, then a person may discharge class C common state approved explosives on that prior Saturday within the county, municipality, or metro township;

    (c)  between the hours of 11 a.m. and 11 p.m. on January 1; and

    (d)  beginning at 11 a.m. on the Chinese New Year’s eve and ending at 1 a.m. on the following day.

    (4)  A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person discharges a class C common state approved explosive:

    (a)  outside the legal discharge dates and times described in Subsection (3); or

    (b)  in an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b).

    (5) 

    (a)  Except as provided in Subsection (5)(b) or (c), a county, a municipality, a metro township, or the state forester may not prohibit a person from discharging class C common state approved explosives during the permitted periods described in Subsection (3).

    (b) 

    (i)  As used in this Subsection (5)(b), “negligent discharge”:

    (A)  means the improper use and discharge of a class C common state approved explosive; and

    (B)  does not include the date or location of discharge or the type of explosive used.

    (ii)  A municipality or metro township may prohibit:

    (A)  the discharge of class C common state approved explosives in certain areas with hazardous environmental conditions, in accordance with Subsection 15A-5-202.5(1)(b); or

    (B)  the negligent discharge of class C common state approved explosives.

    (iii)  A county may prohibit the negligent discharge of class C common state approved explosives.

    (c)  The state forester may prohibit the discharge of class C common state approved explosives as provided in Subsection 15A-5-202.5(1)(b) or Section 65A-8-212.

    (6)  If a municipal legislative body, the state forester, or a metro township legislative body provides a map to a county identifying an area in which the discharge of fireworks is prohibited due to a historical hazardous environmental condition under Subsection 15A-5-202.5(1)(b), the county shall, before June 1 of that same year:

    (a)  create a county-wide map, based on each map the county has received, indicating each area within the county in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b);

    (b)  provide the map described in Subsection (6)(a) to:

    (i)  each retailer that sells fireworks within the county; and

    (ii)  the state fire marshal; and

    (c)  publish the map on the county’s website.

    (7)  A retailer that sells fireworks shall display:

    (a)  a sign that:

    (i)  is clearly visible to the general public in a prominent location near the point of sale;

    (ii)  indicates the legal discharge dates and times described in Subsection (3); and

    (iii)  indicates the criminal charge and fine associated with discharge:

    (A)  outside the legal dates and times described in Subsection (3); and

    (B)  within an area in which fireworks are prohibited under Subsection 15A-5-202.5(1)(b); and

    (b)  the map that the county provides, in accordance with Subsection (6)(b).

    Amended by Chapter 341, 2023 General Session

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