(1) Except as provided for in subsection (6) of this section, it shall be unlawful for any person to knowingly furnish to any person who is under sixteen years of age, by gift, sale, or any other means, any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).
Except as provided for in subsection (6) of this section, it shall be unlawful for anyperson who is under sixteen years of age to purchase any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11).
Nothing in this section shall be construed to prohibit any statutory or home-rule municipality from enacting any ordinance that prohibits a person under sixteen years of age from purchasing any fireworks, including those defined as permissible fireworks in section 24-33.52001 (11).
Any person who sells or offers to sell any fireworks, including those defined as permissible fireworks in section 24-33.5-2001 (11), shall display a warning sign, as specified in this subsection (4). The warning sign shall be displayed in a prominent place on the premises at all times, shall have a minimum height of eight and one-half inches and a minimum width of eleven inches, and shall read as follows:
WARNING
IT IS ILLEGAL FOR ANY PERSON UNDER SIXTEEN YEARS OF AGE TO PURCHASE ANY FIREWORKS. VIOLATORS MAY BE PUNISHED BY A FINE OF UP TO $750.00, BY IMPRISONMENT FOR UP TO SIX MONTHS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
Except as provided in this section and in section 24-33.5-2003, it shall be unlawfulfor any person to possess or discharge any fireworks, other than permissible fireworks, anywhere in this state.
At all times that it is lawful for any person over the age of sixteen years to possessand discharge permissible fireworks, it shall also be lawful for a person under the age of sixteen years to possess and discharge permissible fireworks, if the person is under adult supervision.
Except as provided in this section, it shall be unlawful for any person who is notlicensed as a retailer under this part 20, in retail transactions with the public, to offer for sale, expose for sale, sell, or have in the person's possession with the intent to offer for sale any permissible fireworks.
Except as provided in this section, it shall be unlawful for any person who is notlicensed as a display retailer, wholesaler, or exporter under this part 20, in transactions other than retail transactions with the public, to offer for sale, expose for sale, sell, or have in such person's possession with the intent to offer for sale any fireworks including permissible fireworks.
Nothing in this part 20 shall prevent or regulate:
The use of fireworks by railroads or other transportation agencies for signal purposesor illumination;
The sale or use of blank cartridges for a show or theater, for signal or ceremonialpurposes in athletics or sports, or for use by military organizations;
The sale, purchase, possession, or use of fireworks distributed by the division ofparks and wildlife for agricultural purposes under conditions approved by the division; or
The sale, delivery, consignment, gift, or furnishing of fireworks among display retailers, wholesalers, or exporters licensed under this part 20.
Source: L. 2017: Entire part added with relocations, (SB 17-222), ch. 245, p. 1021, § 1, effective August 9.
Editor's note: This section is similar to former § 12-28-102 as it existed prior to 2017.