The rules on Idaho firecrackers |
July 28, 2017 |
With the 4th of July quickly approaching, the
Boundary County Sheriff's Office would like to
remind everyone that not all fireworks are legal
to use in the State of Idaho. Below are a few of
Idaho's laws pertaining to the use of fireworks.
In a nutshell, if it leaves the ground under its
own power or explodes, its illegal in Idaho.
Homemade "fireworks" are all illegal and some
even constitute federal law violations, as they
are considered bombs.
Be safe. Remember that even Idaho legal
fireworks can cause injury if misused and all
fireworks can start fires in the wooded areas
very quickly.
Here, straight from Idaho's law books, are the
pertinent details:
Idaho Code 39-2611 – Liability of
Parents
The parents or other persons having custody or
control of a minor shall be liable for damage
caused by the use of fireworks by the minor.
Idaho Code 39-2609 – General
Prohibitions
It shall be unlawful for any person, except in
compliance with this chapter, to:
(1) Alter any fireworks;
(2) Throw any fireworks from, into, or at a moving vehicle or at any
person;
(3) Sell or use any fireworks at any time not permitted under this
chapter;
(4) Use fireworks in any area that constitutes a severe fire threat based
on the vegetative conditions during the current
fire season as determined by the county
commission or authority having jurisdiction,
provided that notice of such areas is given in
advance.
A violation of subsection (1) or (3) of this
section shall constitute an infraction and shall
be punishable by a fine of one hundred dollars
($100).
Idaho Code 39-2606 – Authorized Dates
for the Sale and Use of Fireworks
(1) Nonaerial common fireworks may be sold at retail and used beginning
at midnight June 23, and ending at midnight July
5 and beginning at midnight December 26 and
ending at midnight January 1. The authority
having jurisdiction may at its discretion extend
each period of sales by not more than five (5)
days.
(2) Fireworks may be sold and used at any time in compliance with permits
issued under the provisions of section 39-2605,
Idaho Code.
Idaho Code 39-2613 – Penalties —
Injunctions
Except as provided in section 39-2609, Idaho
Code, any person violating the provisions of
this chapter or any rules issued hereunder is
guilty of a misdemeanor. Notwithstanding the
existence or use of any other penalty or remedy,
any person who violates the provisions of this
chapter or any of the rules promulgated pursuant
to this chapter may, upon application to or with
written consent of the authority having
jurisdiction, be enjoined in the manner provided
by law from continuing the violation. Fireworks
being used in violation of this chapter may be
confiscated by the authority having
jurisdiction.
Terms Used In Idaho Code 39-2613
Authority having jurisdiction: means a city fire
department if the area is within a city, or a
fire protection district formed pursuant to
provisions of the Idaho Code if the area is
within a fire protection district, or the county
commission if the area is not within a city or
fire protection district. See Idaho Code 39-2602
Fireworks: means any combustible or explosive
composition, or any substance or combination of
substances, or article prepared for the purpose
of producing a visible or audible effect by
combustion, explosion, deflagration or
detonation. See Idaho Code 39-2602
Jurisdiction: (1) The legal authority of a court
to hear and decide a case. Concurrent
jurisdiction exists when two courts have
simultaneous responsibility for the same case.
(2) The geographic area over which the court has
authority to decide cases.
Misdemeanor: Usually a petty offense, a less
serious crime than a felony, punishable by less
than a year of confinement.
Remember, generally speaking, your well being
and personal safety usually start with you
making good decisions and choices. |
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