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ORDINANCE NO. O26-04-01
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF EL
MIRAGE, ARIZONA, DECLARING THE “CITY OF EL MIRAGE 2026
FIREWORKS UPDATES” ATTACHED AS EXHIBIT A AS PUBLIC
RECORD; ADOPTING THE “CITY OF EL MIRAGE 2026 FIREWORKS
UPDATES” BY REFERENCE AS AN AMENDMENT TO THE CITY CODE
OF EL MIRAGE, ARIZONA, AMENDING TITLE IX GENERAL
REGULATIONS, BY AMENDING CHAPTER 95 PUBLIC SAFETY,
SECTION
95.02
FIREWORKS,
RELATED
TO
PROHIBITING
CERTAIN CONSUMER FIREWORKS AND LIMITING THE TIMES OF
USE
FOR
PERMISSIBLE
CONSUMER
FIREWORKS;
INCORPORATING THE RECITALS BY REFERENCE; PROVIDING FOR
THE REPEAL OF CONFLICTING ORDINANCES; PRESERVING
RIGHTS AND DUTIES; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City of El Mirage wishes to update City codes from time
to time to more accurately reflect current conditions and realistic needs of
the City; and
WHEREAS, that certain document known as “City of El Mirage 2026
Fireworks Updates” of which at least one paper copy and one electronic copy
is on file in the office of the City Clerk in compliance with Arizona Revised
Statutes (A.R.S.) § 9-802 is hereby declared public record and at all times
shall be kept available for public use and inspection during normal business
hours; and
WHEREAS, the City Council hereby desires to adopt the “City of El
Mirage 2026 Fireworks Updates” as provided in this Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND
COUNCIL OF THE CITY OF EL MIRAGE, ARIZONA, as follows:
Section 1. Recitals.
The recitals set forth above are hereby incorporated as if fully set forth
herein.
Section 2. Adoption by Reference.
The City of El Mirage Code is hereby amended by amending Title IX
General Regulations, Chapter 95 Public Safety, Section 95.02 Fireworks to
read as set forth in that certain document titled “City of El Mirage 2026
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Fireworks Updates” which document is hereby adopted and incorporated by
reference as set forth in Exhibit A.
Section 3. Providing for Repeal of Conflicting Ordinances.
All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance or any part of the Code adopted herein by reference, are hereby
repealed.
Section 4. Preservation of Rights and Duties.
This Ordinance does not affect the rights and duties that matured,
penalties that were incurred, or proceedings that were begun before the
effective date of this Ordinance.
Section 5. Providing for Severability.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any part of the Code adopted herein by reference, is for any
reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
Section 6. Effective Date.
The effective date of this Ordinance shall be 30 days following adoption
by the City Council if publication requirements are satisfied under A.R.S. §§
9-812 and 9-813.
APPROVED, PASSED AND ADOPTED by the Mayor and Common
Council of the City of El Mirage, Arizona this 7th day of April 2026 by the
following vote:
CITY OF EL MIRAGE
Alexis A. Hermosillo, Mayor
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ATTEST:
Jill A. Boltz, City Clerk
APPROVED AS TO FORM:
_______________________________
Justin Pierce, City Attorney
Pierce Coleman PLLC
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance Number O26-04-01
was duly passed and adopted by the Mayor and Council of the City of El
Mirage, Arizona, at a regular meeting held on the 7th day of
April 2026,
and that a quorum was present at the meeting.
Jill A. Boltz, City Clerk
[Exhibit on file at the City Clerk’s Office, 10000 North El Mirage Road, El
Mirage, Arizona, 85335-3607.]
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EXHIBIT A
CITY OF EL MIRAGE
2026 FIREWORKS UPDATES
The City Code of the City of El Mirage, amending Title IX General
Regulations, Chapter 95 Public Safety, Section 95.02 Fireworks to read as
follows (new text in BOLDED ALL CAPS; deletions in strikethrough):
Title IX General Regulations
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*
*
Chapter 95 Public Safety
*
*
*
95.02 Fireworks
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95.02 Fireworks
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(A) Definitions. For the purpose of this section, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning.
CONSUMER FIREWORK. Those fireworks defined by A.R.S. § 36-1601.
DISPLAY FIREWORK. Those fireworks defined by A.R.S. § 36-1601.
FIREWORKS. Any combustible or explosive composition, substance or
combination of substances, or any article prepared for the purpose of
producing a visible or audible effect by combustion, explosion, deflagration
or detonation, that is a consumer firework, display firework or permissible
consumer firework as defined by A.R.S. § 36-1601.
NOVELTY ITEMS. Federally deregulated novelty items that are known as
snappers, snap caps, party poppers, glow worms, snakes, toy smoke
devices, sparklers, and certain toys as defined in A.R.S. § 36-1601.
PERMISSIBLE CONSUMER FIREWORKS. Those fireworks as defined by
A.R.S. § 36-1601 that may be sold within the City of El Mirage even where
the use of those items has been prohibited.
SUPERVISED PUBLIC DISPLAY. A monitored performance of display
fireworks open to the public and authorized by permit issued by the Fire
Chief or his or her designee.
(B) Use of fireworks prohibited; exceptions.
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(1) Except as otherwise provided herein, the use, discharge or ignition
of fireworks within the City of El Mirage is prohibited.
(2) Nothing in this section or subchapter shall be construed to prohibit
the use, discharge or ignition of novelty items or the occurrence of a
supervised public display of fireworks.
(3) Permits may be granted by the Fire Chief or designee for
conducting a supervised public display of fireworks. Every supervised public
display of fireworks shall be of such character and so located, discharged or
fired, only after proper inspection and in a manner that does not endanger
persons, animals, or property. The Fire Chief has authority to impose
conditions on any permits granted. When a high fire danger is declared, the
Fire Chief shall not issue a permit, or shall revoke a permit previously
issued, for supervised public display of fireworks.
(C) Sale of fireworks.
(1) No person shall sell or permit or authorize the sale of permissible
consumer fireworks to a person who is under 16 years of age.
(2) No person shall sell or permit or authorize the sale of permissible
consumer fireworks in conflict with state law.
(D) Posting of signs by persons engaged in the sale of fireworks; civil
penalty.
(1) Prior to the sale of permissible consumer fireworks, every person
engaged in such sales shall prominently display signs indicating the
following:
(a) The use of fireworks within the City of El Mirage, including
permissible consumer fireworks, as defined by City of El Mirage Code, is
prohibited.
(b) Consumer fireworks authorized for sale under state law may not
be sold to persons under the age of 16.
(2) Signs required under this section shall be placed at each cash
register and in each area where fireworks are displayed for sale.
(3) The Fire Chief or designee shall develop regulations concerning the
size and color of the required signs and shall develop a model sign. The
required sign regulations and model sign shall be posted on the City of El
Mirage's website and filed with the Clerk's office.
(4) Failure to comply with divisions (D)(1) or (D)(2) above is a civil
offense punishable by a minimum fine of not less than $500 or more than
$1,000.
(E) CONSUMER FIREWORKS.
(1) THE USE, INCLUDING THE DISCHARGE OR IGNITION, OF
PERMISSIBLE CONSUMER FIREWORKS IS PROHIBITED AS
FOLLOWS:
(a) ON DAYS OTHER THAN MAY 4 THROUGH MAY 6, JUNE 24
THROUGH JULY 6 AND DECEMBER 26 THROUGH JANUARY 4 OF EACH
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YEAR AND THE SECOND AND THIRD DAYS OF DIWALI OF EACH
YEAR;
(b) ON ALL DAYS DURING A STAGE ONE OR HIGHER FIRE
RESTRICTION THE USE OF PERMISSIBLE CONSUMER FIREWORKS
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; AND
(c) ON ALL DAYS BETWEEN THE HOURS OF 11:00 P.M. AND
8:00 A.M., EXCEPT:
(i) BETWEEN THE HOURS OF 11:00 P.M. ON DECEMBER 31 OF
EACH YEAR THROUGH 1:00 A.M. ON JANUARY 1 OF EACH YEAR.
(ii) BETWEEN THE HOURS OF 11:00 P.M. ON JULY 4 OF EACH
YEAR THROUGH 1:00 A.M. ON JULY 5 OF EACH YEAR.
(2) NO PERSON SHALL SELL OR PERMIT OR AUTHORIZE THE
SALE OF PERMISSIBLE CONSUMER FIREWORKS ON DAYS OTHER
THAN APRIL 25 THROUGH MAY 6, MAY 20 THROUGH JULY 6 AND
DECEMBER 10 THROUGH JANUARY 3 OF EACH YEAR AND TWO DAYS
BEFORE THE FIRST DAY OF DIWALI THROUGH THE THIRD DAY OF
DIWALI EACH YEAR.
(3) THE SALE, USE, DISCHARGE, POSSESSION OR IGNITION OF
ANY FIREWORK THAT IS NOT A PERMISSIBLE CONSUMER
FIREWORK OR OTHERWISE AUTHORIZED BY THIS SECTION IS
PROHIBITED AT ALL TIMES.
(EF) Authority to enforce violations of this article; means of
enforcement.
(1) The Fire Chief or designee, a City of El Mirage police officer, a City
of El Mirage Code Enforcement Officer, or the City Attorney may issue civil
complaints to enforce violations of this section.
(2) Any person authorized pursuant to this section to issue a civil
complaint may also issue a notice of violation specifying actions to be taken
and the time in which they are to be taken to avoid issuance of a civil or
criminal complaint.
(3) A City of El Mirage police officer or the Fire Chief or his or her
designee may issue criminal complaints to enforce this section.
(FG) Liability for emergency responses related to use of fireworks;
definitions.
(1) A person who uses, discharges or ignites permissible consumer
fireworks, prohibited novelty items, or anything that is designed or intended
to rise into the air and explode or to detonate in the air or to fly above the
ground, is liable for the expenses 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(s) of this section is prima facie
evidence of liability under this section.
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(2) The expenses of an emergency response are a charge against the
person, parent or legal guardian if a minor, liable for those expenses
pursuant to division (F)(1) of this section. The charge constitutes a debt of
that person and may be collected proportionately by the public agencies,
for-profit entities or not-for-profit entities that incurred the expenses. The
liability imposed under this section is in addition to and not in limitation of
any other liability that may be imposed.
(3) For the purposes of this division, the following definitions shall
apply unless the context clearly indicates or requires a different meaning:
EXPENSES OF AN EMERGENCY RESPONSE. Reasonable costs directly
incurred by public agencies, for-profit entities or not-for-profit entities that
make an appropriate emergency response to an incident.
REASONABLE COSTS. The ALL costs of providing police, fire fighting,
rescue and emergency medical services at the scene of an incident and the
salaries of the persons who respond to the incident.
(GH) Penalty. A violation of any provision of § 95.02(B), or (C) OR (E)
may be cited as either a civil infraction or class one misdemeanor offense.
IF THE PERSON IS FOUND RESPONSIBLE OR GUILTY, THE PERSON
SHALL PAY A FINE OF AT LEAST $1,000, BUT NOT MORE THAN
$2,000, PER OFFENSE. Each day that a violation continues after due
notice has been served, with reasonable opportunity to abate the violation,
shall be deemed a separate offense.