53-7-225. Times for sale and discharge of fireworks -- Criminal penalty -- Permissible closure of certain areas -- Maps and signage.

724 words·~3 min read·/ut/title-53/chapter-7/53-7-225

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

Effective 5/7/2025

(1)Except as provided in Section 53-7-221 , this section supersedes any other code provision regarding the sale or discharge of fireworks.

(a)Except as provided in Subsection (2)(b), a person may sell a division 1.4G common state approved explosive 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 a division 1.4G common state approved explosive 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;

(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 a division 1.4G common state approved explosive 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 division 1.4G 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).

(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 a division 1.4G common state approved explosive during the permitted periods described in Subsection (3).

(i)As used in this Subsection (5)(b), "negligent discharge":

(A)means the improper use and discharge of a division 1.4G 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 a division 1.4G common state approved explosive in certain areas with hazardous environmental conditions, in accordance with Subsection 15A-5-202.5 (1)(b); or

(B)the negligent discharge of a division 1.4G common state approved explosive.

(iii)A county may prohibit the negligent discharge of a division 1.4G common state approved explosive.

(c)The state forester may prohibit the discharge of a division 1.4G common state approved explosive 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).

Amended by Chapter 18 , 2025 General Session