A. Permissible fireworks are: (1) ground and hand-held sparkling devices: (a) cone fountains; (b) crackling devices; (c) cylindrical fountains; (d) flitter sparklers; (e) ground spinners; (f) illuminating torches; and (g) wheels; (2) aerial devices: (a) aerial shell kit-reloadable tubes; (b) aerial spinners; (c) helicopters; (d) mines; (e) missile-type rockets; (f) multiple tube devices; (g) roman candles; (h) shells; and (i) stick-type rockets, except as provided in Subsection B of this section; and (3) ground audible devices: (a) chasers; and (b) firecrackers. B. The following types of fireworks are not permissible fireworks: (1) stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length; and (2) fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than one hundred thirty milligrams of explosive composition per report. C. A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices. History: Laws 1989, ch. 346, § 7; 1991, ch. 133, § 5; 1997, ch. 17, § 5; 2007, ch. 268, § 3. The 2007 amendment, effective April 2, 2007, added aerial shell kit-reloadable tubes and multiple tube devices as permissible aerial devises and classifies as non-permissible fireworks stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length and fireworks that produce an audible effect by a charge of more than one hundred thirty milligrams of explosive composition per report. The 1997 amendment, effective March 18, 1997, rewrote this section to the extent that a detailed comparison is impracticable.
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