New Fireworks Law Allows Additional Period for Sale of Fireworks

MRSC, June 2002

SSSB 6080 (Chapter 370, Laws of 2002), enacted for the purpose of "updating and harmonizing" fireworks law, includes in its many provisions a new period of time, December 27 to 6 p.m. on December 31, during which "consumer fireworks" may be sold, but not used. See Section 31 of SSSB 6080 (previously, their sale and use was allowed, in addition to the 4th of July period, between 6 p.m. on December 31 through 1 a.m. on January 1.) Under the amended law, fireworks may be sold and purchased: (1) from noon to 11 p.m. on June 28; (2) from 9 a.m. to 11 p.m. on June 29 through July 4; (3) from 9 a.m. to 9 p.m. on July 5; and (4) from noon to 11 p.m. on December 27 through December 31. Fireworks may be used and discharged: 1) from noon to 11 p.m. on June 28; (2) from 9 a.m. to 11 p.m. on June 29 through July 3; (3) from 9 a.m. to midnight on July 4; (4) from 9 a.m. to 11 p.m. on July 5; and (4) from 6 p.m. on December 31 to 1 a.m. on January 1.

However, the new law allows cities and counties to enact ordinances within 60 days of June 13 (SSSB 6080's effective date) to "limit or prohibit" the sale of fireworks during this time period in December 2002. Such an ordinance can also prohibit or limit the sale of fireworks permanently during this time period. If this deadline is missed, the city or county will have to allow the sale of fireworks from December 27 to 6 p.m. on December 31, 2002, although they can enact a prohibition for this time period in subsequent years if done at least a year in advance. Contact your legal counsel for advice on what will be necessary to limit or prohibit the sale of fireworks during this time period in 2002.