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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

Current as of January 01, 2025 | 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) Except as provided in Subsection (2)(b), a person may sell class C common state approved explosives in the state as follows:

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

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

(iii) two days before and on the Chinese New Year's eve.

(b) The restrictions in Subsection (2)(a) do not apply to:

(i) online sales to a person outside the state for use outside the state; or

(ii) sales to persons described in Subsection 53-7-222(1)(b)(i)(A).

(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 or municipality 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 or municipality;

(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, 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 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 or the state forester 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).

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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 January 01, 2025 | https://codes.findlaw.com/ut/title-53-public-safety-code/ut-code-sect-53-7-225/

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