NRS 244.367 Fireworks: Regulation and control; penalties; exception.

311 words·~1 min read·/nv/chapter-244-counties-government/244-367

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 3, the board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances:

(a)Prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks; and

(b)Providing for the imposition of criminal or civil penalties, or both, for the violation thereof. A civil penalty imposed pursuant to such an ordinance must not be:

(1)In an amount less than $250 or more than $1,000 for a violation involving less than 100 pounds in gross weight of fireworks, including packaging;

(2)In an amount less than $1,000 or more than $5,000 for a violation involving not less than 100 pounds or more than 5,000 pounds in gross weight of fireworks, including packaging;

(3)In an amount less than $5,000 or more than $10,000 for a violation involving more than 5,000 pounds in gross weight of fireworks, including packaging; or

(4)Imposed against a person who has been issued a license or permit pursuant to the ordinance.

2. An ordinance passed pursuant to subsection 1 must:

(a)Provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for:

(1)The county, if the fireworks are sold within the unincorporated areas of the county; or

(2)A city located within the county, if the fireworks are sold within the jurisdiction of that city; and

(b)Establish factors for determining the severity of any criminal penalty or any civil penalty within the limits contained in paragraph

(b)of subsection 1 that take into account, without limitation, the number and severity of any previous violations.

3. An ordinance passed pursuant to subsection 1 must not apply to a child under the age of 18 years unless the child is emancipated.