Attachment A - Proposed City Code, Fireworks provisions

ORDINANCE G- 
 
AN ORDINANCE REPEALING PHOENIX CITY CODE CHAPTER 
23, ARTICLE II, DIVISION 5, ENTITLED "CONSUMER 
FIREWORKS" IN ITS ENTIRETY AND REPLACING IT WITH A 
NEW CHAPTER 23, ARTICLE II, DIVISION 5,  ENTITLED 
“FIREWORKS AND PERMISSIBLE CONSUMER FIREWORKS.” 
__________ 
WHEREAS, Arizona Revised Statute ("A.R.S.") Title 36, Chapter 13, 
Article 1, governs the sale and use of fireworks in Arizona and sets forth certain 
preemption limitations on a municipal or county government’s regulation of fireworks, 
including that a municipality may only prohibit the sale and use of permissible consumer 
fireworks within its jurisdiction on specified days and times of the year. 
WHEREAS, Chapter 23, Article II, Division 5, of the Phoenix City Code 
entitled "Consumer Fireworks," in conjunction with the City of Phoenix Fire Code, 
governs, the possession, use, and sale of fireworks and permissible consumer fireworks 
in the City of Phoenix, Arizona (the "City"). 
WHEREAS, due to the dry conditions, air quality concerns and terrain of 
Phoenix, the use of fireworks and permissible consumer fireworks includes risk of 
significant harm to the community and its residents. 
WHEREAS, the City wishes to prevent fire hazards and injuries caused by 
fireworks which threaten the health and safety of individuals and are hazardous to real 
property and improvements including residential, commercial and industrial buildings.
Attachment A

Ordinance G-  
 
WHEREAS, reasonable penalties are required to ensure compliance with 
the City's regulation of fireworks, display fireworks, and permissible consumer fireworks. 
WHEREAS, the City deems it necessary to adopt additional regulations 
addressing fireworks, display fireworks, and permissible consumer fireworks to protect, 
enhance and promote the health, safety and welfare of City residents as set forth 
herein. 
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 
CITY OF PHOENIX as follows: 
SECTION 1. REPEALED AND REPLACED LANGUAGE. That the City of 
Phoenix City Code Chapter 23, Article II, Division 5, entitled "Consumer Fireworks" is 
repealed in its entirety and replaced with the following language: 
 
CHAPTER 23 
FIREWORKS AND PERMISSIBLE CONSUMER FIREWORKS 
SECTION: 
23-44.1: 
 
23-44.2: 
 
 
23-44.3: 
 
23-44.4: 
 
 
DEFINITIONS 
 
FIREWORKS AND PERMISSIBLE CONSUMER FIREWORKS 
PROHIBITED, EXCEPTIONS 
 
SALE OF PERMISSIBLE CONSUMER FIREWORKS 
 
POSTING OF SIGNS BY PERSONS ENGAGED IN THE SALE OF 
PERMISSIBLE CONSUMER FIREWORKS

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23-44.5: 
AUTHORITY TO ENFORCE VIOLATIONS; PENALTY 
 
23-44.6  
LIABILITY FOR EXPENSES OF EMERGENCY RESPONSE, STORAGE 
AND DISPOSAL RELATED TO POSSESSION AND USE OF FIREWORKS 
23-44.1: 
DEFINITIONS 
 
(A) 
The following words, terms, and phrases, when used in this Division, have the 
meanings ascribed to them in this Section except where the context clearly indicates 
a different meaning. 
 
(1) 
DISPLAY FIREWORK:  as defined by A.R.S. § 36-1601. 
 
(2) 
EXPENSES OF AN EMERGENCY RESPONSE:  means reasonable costs 
incurred by public agencies including but not limited to the City, Fire, and Police 
Departments or other first responders in making an appropriate emergency 
response to an incident. 
 
(3) 
FIREWORKS: as defined by A.R.S. § 36-1601. 
 
(4) 
PERMISSIBLE CONSUMER FIREWORKS: as defined by A.R.S. § 36-1601. 
 
(5) 
SUPERVISED DISPLAY: means a monitored performance of display 
fireworks, fireworks or permissible consumer fireworks authorized by permit by the 
City of Phoenix Fire Marshal or their designee. 
 
(6) 
All references to Arizona Revised Statutes in this Division refer to the Arizona 
Revised Statutes on the date this ordinance becomes effective and thereafter as the 
Statutes may be amended or replaced. 
 
23-44.2: 
FIREWORKS AND PERMISSIBLE CONSUMER FIREWORKS  
 
 
PROHIBITED; EXCEPTIONS 
 
(A) 
The sale, use or possession of fireworks within the City of Phoenix corporate limits 
is unlawful, except for the lawful manufacture, possession or use by a qualified 
pyrotechnic expert. 
 
(B) 
The City of Phoenix prohibits the use of permissible consumer fireworks within the 
City of Phoenix to the full extent allowed by A.R.S. § 36-1606. 
 
(C) 
The use of permissible consumer fireworks is prohibited during a stage one or 
higher fire restriction within a one-mile radius of the border of any municipal or 
county mountain preserve, desert park, regional park, designated conservation 
area, national forest, or wilderness area. 
 
(D) 
The use of permissible consumer fireworks is prohibited within a one-mile radius

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of the border of preservation lands owned by the City of Phoenix. 
 
(E) 
The use of permissible consumer fireworks is prohibited on property owned or 
controlled by the City of Phoenix, excluding public right of way. 
 
(F) 
Nothing in this Section shall be construed to prohibit the use of federally 
deregulated novelty items, known as snappers, snap caps, party poppers, glow 
worms, snakes, toy smoke devices, or sparklers, and certain types of toy devices 
as provided in A.R.S. § 36-1601. 
 
(G) 
Nothing in this Section shall be construed to prohibit the use of display fireworks, 
fireworks, or permissible consumer fireworks in supervised displays.   
 
23-44.3: 
SALE OF PERMISSIBLE CONSUMER FIREWORKS 
 
 
The City of Phoenix prohibits the sale of permissible consumer fireworks within the City of 
Phoenix to the full extent allowed by A.R.S. § 36-1606. 
 
23-44.4: 
POSTING OF SIGNS BY PERSONS ENGAGED IN THE SALE OF 
PERMISSIBLE CONSUMER FIREWORKS 
 
Prior to the sale of permissible consumer fireworks, every person engaged in such sales 
shall comply with the signage requirements of A.R.S. § 36-1606 and provide the 
additional signage language in the words and manner provided therein. 
 
23-44.5: 
AUTHORITY TO ENFORCE VIOLATIONS; PENALTY 
 
(A) 
The City of Phoenix Fire Marshal, Phoenix Police Chief, and their designees, have 
the authority to issue civil citations to enforce civil violations of this Division. The 
Phoenix Police Chief and their designees have the authority to issue criminal citations 
to enforce criminal violations of this Division. The City Prosecutor and their 
designees have the authority to issue civil or criminal complaints to enforce violations 
of this Division. 
 
(B) 
A violation of this Division is a class 1 misdemeanor that is subject to a sentence of 
incarceration not to exceed six (6) months in jail, a fine not to exceed twenty-five 
hundred dollars ($2,500), probation not to exceed three years, or any combination 
of such fine, imprisonment, or probation in the discretion of the City magistrate for 
each count upon which a conviction is obtained. 
 
(C) 
A violation of this Division is a civil offense punishable by a fine of up to twenty-five 
hundred dollars ($2,500) for each violation. 
 
(D) 
It is unlawful for owners, managers, operators, or other persons in control of a

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business or property where fireworks or permissible consumer fireworks are sold or 
offered for sale to knowingly allow the sale or offer for sale of fireworks or 
permissible consumer fireworks in violation of this Division. 
 
(E) 
The City of Phoenix Fire Marshal, Phoenix Police Chief, and their designees, have 
the authority to seize and dispose of fireworks offered or exposed for sale, stored, 
possessed or used in violation of this Division.   
 
(F) 
The penalties provided for in this Section are in addition to any other enforcement 
remedies the City of Phoenix may have under City ordinances and state law. 
 
23-44.6:  
LIABILITY FOR EXPENSES OF EMERGENCY RESPONSE, STORAGE 
AND DISPOSAL RELATED TO POSSESSION AND USE OF FIREWORKS 
 
(A) 
A person who uses, discharges or ignites fireworks is liable for the expense of any 
emergency response that is required by such use, discharge or ignition. The fact that 
a person is convicted or found responsible for a violation of this Division shall create 
a rebuttable presumption of liability under this section. 
 
(B) 
A person who possesses fireworks in violation of this Division is liable for the 
reasonable expense of storage and destruction after seizure. The fact that a person 
is convicted or found responsible for a violation of this Division shall create a 
rebuttable presumption of liability under this section. 
 
(C) 
The Fire Department shall promulgate a schedule of charges for emergency response 
and fireworks storage and destruction under this section. The charge constitutes a 
debt of that person and may be distributed proportionately to the responding 
Departments that incurred the expenses.  
 
(D) 
The liability imposed under this subsection is in addition to and not in limitation of any 
other liability that may be imposed. 
 
SECTION 2.  EFFECTIVE DATE.  The effective date of this Ordinance shall 
be thirty days following adoption by the Phoenix City Council.  
 
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, 
phrase, or portion of this Ordinance, or any part of the material adopted herein by 
reference, is for any reason held to be invalid or unconstitutional by the decision of a court 
of competent jurisdiction, such decision shall not affect the validity of the remaining

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portions thereof.  
PASSED by the Council of the City of Phoenix this XXth day of XXXXX, 
2026.  
 
 
 
 
M A Y O R 
 
 
ATTEST: 
 
 
____________________________ 
Denise Archibald, City Clerk 
 
 
APPROVED AS TO FORM: 
Julie M. Kriegh, City Attorney 
 
 
BY: _________________________ 
 
       _________________________ 
 
REVIEWED BY: 
 
 
____________________________  
Ed Zuercher, City Manager