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Title XXI PUBLIC SAFETY AND MORALS

Chapter 320

Effective - 28 Aug 2004 bottom

  320.151.  Sales to children, sales by children, unlawful, exceptions — exploding fireworks near gasoline pumps, certain buildings or from or at motor vehicles, prohibited — certain restrictions — demonstrating and testing allowed, requirements. — 1.  It is unlawful to attempt to sell or to sell at retail any fireworks to children under the age of fourteen years except when such child is in the presence of a parent or guardian.

  2.  It is unlawful for any person under the age of sixteen to sell fireworks or work in a facility where fireworks are stored, sold, or offered for sale unless supervised by an adult.

  3.  It is unlawful to explode or ignite consumer fireworks within six hundred feet of any church, hospital, mental health facility, school, or within one hundred feet of any location where fireworks are stored, sold, or offered for sale.

  4.  No person shall ignite or discharge any permissible articles of consumer fireworks within or throw the same from a motorized vehicle including watercraft or any other means of transportation, except where display permit has been issued for a floating vessel or floating platform, nor shall any person place or throw any ignited article of fireworks into or at a motorized vehicle including watercraft or any other means of transportation, or at or near any person or group of people.

  5.  No person shall ignite or discharge consumer fireworks within three hundred feet of any permanent storage of ignitable liquid, gases, gasoline pump, gasoline filling station, or any nonpermanent structure where fireworks are stored, sold or offered for sale.

  6.  No items of explosive or pyrotechnic composition other than fireworks as defined by subdivisions* (3), (5), and (17) of section 320.106 shall be displayed, sold, or offered for sale within the applicable permit location as identified on such permit granted by the state fire marshal.

  7.  Proximate fireworks shall not be allowed to be stored with consumer fireworks.

  8.  All storage and transportation of fireworks shall be in accordance with all federal and state rules and regulations.

  9.  Nothing in sections 320.106 to 320.161 shall be construed to prevent permittees from demonstrating or testing fireworks.  Any such demonstration or test shall require the notification and approval of the local fire service or the state fire marshal.

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(L. 1985 S.B. 76 § 10, A.L. 1987 H.B. 416, A.L. 1998 S.B. 536, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1196)

*Word "subsections" appears in original rolls.


---- end of effective   28 Aug 2004 ----

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