Fireworks of the Fourth of July type will still be legal after the Payson Town Council bans smaller and more personal pyrotechnics.
By Matt Brabb
Mogollon Connection Editor
The Payson Town Council is looking to block the effects of a new state law that would allow residents to use “permissible consumer fireworks.” On Thursday, the council took the first step toward banning the use of all fireworks, regardless of the new statute.
House Bill 2246, which goes into effect on Dec. 1, would allow Arizonans to buy and use fireworks including sparklers, cone fountains, ground spinners, and toy smoke devices. Anything designed to rise into the air and explode, such as bottle rockets or roman candles, would still be prohibited.
The new law contains a clause that allows for cities and towns to prohibit the use of fireworks within their jurisdiction, but they cannot prohibit their sale.
Supervised public and town-sponsored displays, such as the annual Fourth of July fireworks, will continue to be legal in Payson. Such displays are subject to an inspection and a permit approval process through the office of the Payson Fire Chief.
Though council members cannot prevent the sale of the types of fireworks that were legalized by the state legislature, they do intend to regulate them. Proposed rules include a ban on sales to persons under the age of 16, and a ban on roadside sales. A potential seller will also have to obtain a permit from the fire chief following an inspection before setting up shop.
Before receiving a permit, the ordinance states that a vendor is required to have signs up noting that using fireworks within the Town of Payson is prohibited.
Sara Sparman of Williams & Associates spoke to the council on behalf of TNT Fireworks. According to their website, TNT is the largest distributor of sparkler assortments and fireworks in the world.
Though Sparman agreed that the council had the right to ban the use of fireworks within town limits, she did take issue with the language in the measure regarding roadside sales, the inspection process and the necessary signage.
“We think that is in conflict with state statute,” she said.
She added that the state fire marshall would be sending out a letter about what will and will not be legal.
Payson Fire Chief Marty de Masi disagreed. He said that the state fire marshal did not have jurisdiction in Payson, and that in his opinion the regulations being proposed were like many others the town already has in place.
“I don’t see this as any different; we have a process that we go through,” he said.
Sparman persisted that the bill passed by the legislature made the issue a “state-wide concern,” and that though cities and towns were allowed to ban the use of fireworks, they were not supposed to make the rules regulating their sale.
“Are you saying that local residents don’t have the right to regulate signage?” Payson Mayor Kenny Evans asked Sparman.
Councilor Fred Carpenter echoed Evans’ sentiment.
“We wouldn’t want absurd signage up that broke all of our other rules,” he said.
Payson Town Attorney Tim Wright allowed that the language of HB2246 did indicate that the matter was “a state-wide concern.” However, he said the primary purpose of that was to regulate the use of fireworks, not things like signage.
“I don’t believe what we are doing is different than what we do for any other business. I think we are on good legal footing to go forward,” he said.
Resident Tina Velgos spoke to the council in favor of the plan to ban fireworks in Payson.
“I am vehemently opposed to TNT’s or any other fireworks company in Payson,” she said. She continued, saying that it sent a contradictory message to allow for the sale of fireworks, while banning their use.
“A lobbyist (Sparman) coming to the council should raise a red flag,” she added.
The council will look to enact the ordinance at a meeting before the state law goes into effect on December 1.
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