Vermont Statutes Title 20 Sec. 3132
Terms Used In Vermont Statutes Title 20 Sec. 3132
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Public Safety. See
- fireworks: means any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, balloons that are propelled by explosives, firecrackers, torpedoes, sky rockets, Roman candles, cherry bombs, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except sparklers. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 3132. Prohibitions; permits
(a) Except as provided in this section, it shall be unlawful for any person, firm, co-partnership, or corporation to do any of the following:
(1) Offer for sale, expose for sale, sell at retail or wholesale, or possess fireworks unless the person has been issued a permit by both the U.S. Bureau of Alcohol, Tobacco, and Firearms and the municipality in which the person offers for sale and stores the fireworks.
(2) Use, possess, or explode any fireworks unless the person has been issued a permit to display fireworks pursuant to subsection (c) of this section.
(3) Transport fireworks except in interstate commerce.
(4) Offer for sale or sell hand-held sparklers as described in subdivision 3131(1) of this title to a minor.
(5) Offer for sale or sell sparklers that are not in compliance with the U.S. Consumer Product Safety Commission regulations.
(b) The State Fire Marshal may adopt reasonable rules for granting permits for supervised public displays of fireworks by municipalities, fair associations, amusement parks, and other organizations or groups of individuals.
(c) Any display for which a permit is issued shall be handled by a competent operator to be approved by the chiefs of police and fire departments of the municipality in which the display is to be held and shall be of a character, and so located, discharged, or fired as, in the opinion of the chief of the fire department, or in a municipality with no fire department, the selectboard, after proper inspection, shall not be hazardous to property or endanger any person or persons.
(d) Application for permits shall be made to the chief of the fire department, or in municipalities with no fire department, the selectboard, in writing, at least 15 days in advance of the date of the display. After the permit has been granted, sales, possessions, use, and distribution of fireworks for the display shall be lawful for that purpose only. No permit granted under this section shall be transferable. (Amended 2003, No. 15, § 2, eff. May 6, 2003; 2003, No. 122 (Adj. Sess.), § 294q; 2003, No. 122 (Adj. Sess.), § 294z, eff. April 1, 2005; 2005, No. 8, § 3, eff. April 25, 2005; 2009, No. 33, § 42; 2021, No. 20, § 189.)