CSRA fireworks ordinances

CSRA News

AUGUSTA, Ga, (WJBF) – With the Fourth of July approaching this weekend, here are some county fireworks ordinances to keep in mind while celebrating the USA!

Aiken County:
Sec. 8-1. – Fireworks.
(a) Each retailer of fireworks in the unincorporated area of the county is required to procure an annual license or permit at a cost of fifty dollars
($50.00) which shall authorize the licensee to sell permissible fireworks. The license or permit must be obtained from the county clerk of
court for the retail sales in the county outside a municipality after approval of the applicant and his place of business by the county sheriff.

(b) No permit may be issued to an applicant until the premises where the fireworks are to be kept for the purpose of sale have been inspected
and it is determined that the building and the facilities within the building meet safety standards for the storage and sale of permissible
fireworks. The issuance of the permit is subject to regulations promulgated by the state board of pyrotechnic safety governing the storage,
safekeeping and sale of fireworks.

(c) No person may be issued a retail license who is not already licensed by the state tax commission for sales tax purposes and who has not held
the sales tax license for at least sixty (60) days. Permits issued to retailers must be permanently displayed. No permit provided for herein
may be transferred nor shall a person be permitted to operate under a permit issued to any other person. The license or permit authorized
hereunder must be issued on such form or forms as the state board of pyrotechnic safety may determine. All funds derived from the sale of
such permits shall be paid over to the treasurer and deposited to the general fund of the county.

City of Aiken:

(a) It shall be unlawful in the city for any person to use, fire, shoot, discharge, sell, offer for sale, store, exchange, give away or possess any fireworks within the city, except as specifically authorized in this section.

(b) The provisions of this section shall not include nor prevent the sale, possession or use of toy cap pistols or toy pistol paper caps which contain not more than one-fifth grain of explosive mixture, fireworks known as “sparklers” or firecrackers commonly known as “Chinese firecrackers,” which are defined as follows: Being not over one-quarter inch in outside diameter, not over two inches long and containing not over four grains of explosive composition.

(c) Nothing in this section shall be construed to prohibit the manufacture in this city of fireworks or the storing, selling or offering for sale for shipment out of the state of fireworks, the use of which is made unlawful in this city and state.

(d) It shall be unlawful for any person to use fireworks in public displays or exhibits except when the person desiring to give such displays or exhibits shall have first obtained written approval therefor from the city council, which may, in its absolute discretion, grant or refuse to grant the permission so applied for, or may grant it subject to such restrictions and limitations as it may, in its absolute discretion, deem to be in the interest of public safety in connection with such display or exhibit.

(e) Nothing in this section shall be construed as prohibiting the use of signals necessary for the safe operation of railroads, buses, trucks or boats, nor shall the provisions of this section apply to any common carrier, while acting as such, lawfully transporting or having custody of fireworks in interstate commerce or for delivery within this city for use as provided in this section.

(Code 1980, § 8-5)

Columbia County:

House Bill (HB) 419, Fireworks, will take effect on July 1, 2018, and Columbia County will adhere to state law. HB 419 states: It shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:

(i) On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M, unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition;

(ii) On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and

(iii) On January 1 of each year beginning at the time of 12:00 Midnight and up 53 to and including the ending time of 1:00 A.M.

Richmond County & Burke County:

(776) Any person selling any consumer fireworks at the consumer fireworks retail sales facility or store shall be at least 18 years of age; provided however, it shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand or the nonprofit group directly participating in the operation of a temporary consumer fireworks retail sales stand.

(7) The holder of a wholesale consumer fireworks distributor license shall provide to the Commissioner the names and addresses of all fireworks retailers located in the State of Georgia to which that license holder sells consumer fireworks.
Authority: 0.C.G.A. Sections 25-2-4, 25-2-16, and 25-10-2
120-3-22-.12 Purchase of Consumer Fireworks.

Any individual purchasing fireworks from a consumer fireworks retail sales facility, consumer fireworks retail sales store or a temporary consumer fireworks retail sales stand shall:
(1) Make all purchases in-person and through a face-to face sale;
(2) Be a minimum of 18 years of age; and
(3) Provide proper identification to the seller at the time of such purchase. Such identification shall contain at a minimum the following:
(a) A description of the person or such person’s photograph, or both; and
(b) The individuals’ date of birth.

Authority: O.C.G.A. Sections 25-2-4, 25-2-16, and 25-10-2
120-3-22-.13 Use of Fireworks.
Consumer fireworks may be used, ignited, or caused to be ignited on any day between the hours of 10:00 A.M. and 11:59 P.M. unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation.
Exception 1: Consumer fireworks may be used, ignited, or caused to be ignited on January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and on January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M..

Exception 2: After having obtained a special use permit as provided for in O.C.G.A. $ 25-10-2(a)(3)(D)
Authority: O.C.G.A. Sections 25-2-4, 25-2-16, and 25-10-2
120-3-22-.14 Unlawful Activity
(1) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state.
(2) It shall be unlawful for any person, firm, corporation, association, or partnership to sell or offer for sale consumer fireworks at a consumer fireworks retail sales facility, consumer fireworks retail sales store or a temporary consumer fireworks retail sales stand or wholesale distribution facility without maintaining the appropriate license.
(3) It shall be unlawful for any person, firm, corporation, association, or partnership to sell consumer fireworks or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person under 18 years of age.
(4) It shall be unlawful to sell consumer fireworks from any motor vehicle or from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure.
(5) It shall be unlawful for any person under 18 years of age to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks, except that it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor selling consumer fireworks from a temporary consumer fireworks retail sales stand or the nonprofit group directly participating in the operation of a temporary consumer fireworks retail sales stand and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways.
(6) It shall be unlawful to release or cause to be released any balloon, bag, parachute, or other similar device which requires fire underneath for propulsion or to release or cause to be released any floating water lantern or wish lantern which uses a flame to create a lighting effect in any public waterway, lake, pond, stream, or river.

Authority: 0.C.G.A. Sections 25-2-4, 25-2-16, and 25-10-2
120-3-22-.15 Compliance with Rules and Regulations; Penalties.
(1) All persons shall, manufacture, transport, and store fireworks in conformity with this Chapter. After notice and hearing provided in accordance with Rule 120-3-2-.02 of the Rules of Safety Fire Commissioner, any person who is found to have violated any of the rules contained in this Chapter shall be subject to such penalties as authorized by law and regulation.
(2) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an application executed pursuant to Code section 25-10-5.1 shall be guilty of a violation of Code Section 16-10-20.

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