Section 132D-14 - Penalty(a) Any person: (1) Importing aerial devices, display fireworks, or articles pyrotechnic without having a valid license under section 132D-7 shall be guilty of a class C felony;(2) Purchasing, possessing, setting off, igniting, or discharging aerial devices, display fireworks, or articles pyrotechnic without a valid permit under sections 132D-10 and 132D-16, or storing, selling, or possessing aerial devices, display fireworks, or articles pyrotechnic without a valid license under section 132D-7, or allowing an individual to possess, set off, ignite, discharge, or otherwise cause to explode any aerial device in violation of section 132D-14.5: (A) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is twenty-five pounds or more, shall be guilty of a class C felony; or(B) If the total weight of the aerial devices, display fireworks, or articles pyrotechnic is less than twenty-five pounds, shall be guilty of a misdemeanor;(3) Who transfers or sells aerial devices, display fireworks, or articles pyrotechnic to a person who does not have a valid permit under sections 132D-10 and 132D-16, shall be guilty of a class C felony; and(4) Who removes or extracts the pyrotechnic contents from any fireworks or articles pyrotechnic and uses the contents to construct fireworks, articles pyrotechnic, or a fireworks or articles pyrotechnic related device shall be guilty of a misdemeanor.(b) Except as provided in subsection (a) or as otherwise specifically provided for in this chapter, any person violating any other provision of this chapter, shall be fined no more than $5,000 for each violation. Notwithstanding any provision to the contrary in this section, any person violating section 132D-14.5 shall be fined at least $500 and no more than $5,000.(c) The court shall collect the fines imposed in subsections (a) and (b) for violating this chapter and, of the fines collected, shall pay twenty per cent to the State and eighty per cent to the county in which the fine was imposed which shall be expended by the county for law enforcement purposes.(d) Notwithstanding any penalty set forth herein, violations of subsection (a)(1) or (3) may be subject to nuisance abatement proceedings provided in part V of chapter 712.(e) For the purposes of this section: (1) Each type of prohibited firework imported, purchased, sold, possessed, set off, ignited, or discharged shall constitute a separate violation for each unopened package; and(2) Each separate firework imported, purchased, sold, possessed, set off, ignited, or discharged shall be a separate violation if the package is opened or the firework is not in a package.(f) For the purposes of this section, "package": (1) Means any aerial device, display firework, or article pyrotechnic:(A) Enclosed in a container or wrapped in any manner in advance of wholesale or retail sale; and(B) With a weight or measure determined in advance of wholesale or retail sale; and(2) Does not mean: (A) Inner wrappings not intended to be individually sold to the customer;(B) Shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quantity;(C) Auxiliary containers or outer wrappings used to deliver commodities if the containers or wrappings bear no printed matter pertaining to any particular aerial device, display firework, or article pyrotechnic;(D) Containers used for retail tray pack displays when the container itself is not intended to be sold; or(E) Open carriers and transparent wrappers or carriers for containers when the wrappers or carriers do not bear printed matter pertaining to any particular aerial devices, display fireworks, or articles pyrotechnic.Amended by L 2024, c 208,§ 7, eff. 7/1/2024.Amended by L 2022, c 104,§ 2, eff. 7/1/2022.Amended by L 2019, c 248,§ 2, eff. 7/5/2019.L 1994, c 180, pt of §1; am L 2000, c 233, §12; am L 2006, c 183, §16; am L 2010, c 136, §3 .