Utah Code § 53-7-225

Current through the 2024 Fourth Special Session
Section 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.
(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).

Utah Code § 53-7-225

Amended by Chapter 438, 2024 General Session ,§ 97, eff. 5/1/2024.
Amended by Chapter 128, 2024 General Session ,§ 1, eff. 5/1/2024.
Amended by Chapter 341, 2023 General Session ,§ 1, eff. 5/3/2023.
Amended by Chapter 189, 2018 General Session ,§ 5, eff. 5/8/2018.
Amended by Chapter 216, 2016 General Session ,§ 12, eff. 7/1/2016.
Amended by Chapter 357, 2013 General Session ,§ 2, eff. 5/14/2013.
Amended by Chapter 26, 2012 General Session ,§ 1, eff. 5/8/2012.
Amended by Chapter 13, 2011 General Session