Disclaimer: The comments in this blog are my personal opinion and may or may not reflect an adopted position of the city of Glendale and its city council.
It seems that most Arizonans would like to see fireworks banned. Every year I get tons of complaints about fireworks usually preceded with “I want Glendale to ban fireworks.” Believe me, I would if I could but I can’t. Here’s why. The Arizona State Legislature has preempted all control over fireworks in the state. Preemption means a doctrine in law according to which the legislation of a superior government (such as a state government) supersedes that of an inferior government (such as a municipal government) in conflicts of law. In other words, state law overrides county or city law when it comes to fireworks.
In fact, if you go to the code of state statutes (laws), Chapter 36-1606 is entitled, Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction. The state law then states, “A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows:”
Right off the bat, the state is specifically saying that counties and cities cannot regulate or ban their sale and use.
“1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:”
The statue then states the periods of time when fireworks can be used and over which counties and cities have no right to ban or prohibit their use. They are as follows:
“(c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 through July 6 and December 24 through January 3 of each year and the second and third days of Diwali of each year.”
According to the state, the use of fireworks is permissible on:
- May 4 through May 6 – 3 days for Cinco de Mayo
- June 24 through July 6 – 13 days for July 4th
- December 24 through January 3 – 11 days for New Year’s Eve
- Second and third days of Diwali
Who needs 13 days or 11 days to celebrate with fireworks? It’s nuts and very confusing to the public. I bet there’s not one citizen who actually is aware of these time periods.
Then to muddy the waters even further, the legislature is not even consistent on the hours of use:
“(f) Prohibit on all days the use of permissible consumer fireworks 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.”
What needs to happen to curb or stop the use of fireworks? Very simply, put the pressure where it needs to be – on your state legislator. I have listed the website below for a list of all of the Arizona state legislators. It includes the district each represents and their email addresses and phone numbers. For email addresses use the initial of the first name with the last name and all go to @azleg.gov. Here is the site: https://www.azleg.gov/memberroster/ . I would suggest that you wait until their next session begins later this month to contact them.
One final thought. The state regulates the sale and use of fireworks but it does not preempt the counties and cities from regulating where fireworks can be used. What if each city designated specific areas where fireworks can be used and banned their use on private property? I don’t know if it is possible to do but I am willing to pursue the idea.
© Joyce Clark, 2023
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