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Current as of May 05, 2022 | Updated by FindLaw Staff
(1) Except as provided in Section 53-7-221, this section supersedes any other code provision regarding the sale or discharge of fireworks.
(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; and
(c) 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).
Cite this article: FindLaw.com - Utah Code Title 53. Public Safety Code § 53-7-225. Times for sale and discharge of fireworks--Criminal penalty--Permissible closure of certain areas--Maps and signage - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-53-public-safety-code/ut-code-sect-53-7-225.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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