Title
Fireworks Ordinance Recommendations - Citywide
Description
This item presents the proposed changes to the City Code and Fire Code’s fireworks provisions to bring Phoenix City Code Chapter 23, Division 5, Consumer Fireworks and Phoenix City Code Chapter 15, Fire Prevention into alignment with the state fireworks statute and increase the City’s enforcement options and requests the Subcommittee recommend City Council approval of recommended code amendments.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
The City’s Fireworks task force is proposing amendments to the fireworks-related provisions in the City Code in response to growing public concern about the public safety and health risks associated with fireworks use. The Fire Department, as part of a multi-departmental task force, seeks to amend the City Code to be consistent with state law, increase enforcement options, and improve the City’s ability to mitigate fire risk, especially in high-risk areas.
The need for updates stems largely from changes to Arizona Revised Statutes Title 36 enacted in 2015, which preempted local governments from broadly regulating permissible consumer fireworks. While the Phoenix City Code Fireworks section, enacted in 2010, currently prohibits most fireworks use, state law forbids municipalities from prohibiting certain sales and uses, creating legal conflicts and enforcement challenges. The proposed amendments will align the city code with state statute by aligning definitions and prohibiting the sale and use of permissible consumer fireworks to the extent permitted by state law. The amendments also expand the City’s enforcement tools to include civil citations, seizure and disposal of illegal fireworks, and cost recovery for emergency response.
In addition to the amendment of the City Code’s Fireworks Division, the Fire Code’s section on fireworks will also be updated to improve consistency with state law terminology and streamline references to allowable exceptions. These changes constitute a comprehensive overhaul of existing regulations and are expected to affect both Fire and Police operations.
The proposed amendments are included as Attachments A and B.
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager Cynthia Aguilar, and the Fire, Police, and Parks and Recreation Departments.