This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Since July 3, my Salt Lake City neighborhood has been intensely concerned about the escalating Utah fireworks problem.

Based upon current and existing Utah law, I prepared a Notice of Quiet Neighborhood Legal Fireworks Event that my neighbors can civilly and respectfully personally hand to those suspected of violating the law. I posted it on a neighborhood communications platform. To date, several neighbors have indicated they plan to share the notice with suspected neighbors.

Notice of Quiet Neighborhood Legal Fireworks Event

Between the hours of 11 a.m. and 11 p.m. beginning on July 21 and ending on July 27, neighborhood residents are hereby notified that when one or more witnesses suspect a neighborhood resident of having violated one or more of the following laws, law enforcement will be notified:

Utah Code Sections 53-7-220 through 53-7-225 are known as the "Utah Fireworks Act."

Section 53-7-222(1)(a) essentially provides that "class C dangerous explosives" may not be possessed (or) discharged.

Section 53-7-202(6)(a) provides that "Class C dangerous explosive" includes (i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive; (ii) a skyrocket, missile type rocket; single shot, or reloadable aerial shell, or a rocket similar to any of those; or (iii) a bottle rocket, a roman candle, a rocket mounter on a wire or stick, or a device containing any of those rockets.

No Law Permits the Possession of Discharge of Any Class C Dangerous Explosive

"Trick noisemakers" that produce a "small report" are exempt.

Section 53-7-225(3) provides that ONLY "class C common state approved explosives" may be discharged between the hours of 11 a.m. and 11 p.m. beginning on July 1 and ending on July 7, and also beginning on July 21 and ending on July 27, except that on July 4 and 24 the hours are 11 a.m. to midnight.

Utah Code Sections 11-3-1 through 11-3-11 are known as the "County and Municipal Fireworks Act."

Utah Code Section 11-3-8 provides that a county, city, or town may not adopt an ordinance or regulation in conflict with Sections 53-7-220 through 53-7-225.

Section 11-3-11 provides that any person who violates this chapter is guilty of a class B misdemeanor.

Govern Yourself Accordingly

The private/individual fireworks problem arises from the out-of-state sale (closest in Wyoming) of individual fireworks that are illegal "Class C dangerous explosives" in Utah.

The 15-foot aerial cakes to which I have seen referenced as being "legal" apparently include "a cake containing (less) than 500 grams of pyrotechnic composition." Such "aerials" are only legal under a 2015 loophole in Utah Code section 53-7-202((6)(a)(i)(D), which defines "Class C dangerous explosive" to mean a rocket with "a cake containing more than 500 grams of pyrotechnic composition" (and therefore illegal).

Rocket fireworks soaring into the sky above 15 feet are illegal in Utah.

Utah residents possessing or discharging out-of-state fireworks are the problem. They know the fireworks they possess and discharge are illegal. They are willing to upset / harm their neighbors and pets, and put property at risk for the sake of their own personal self-gratification. There are such people in this country and in this world. They are a minority. They express themselves using threats, intimidation, guns, explosives and other nefarious (and sometimes subtle) means.

Utah residents concerned about this fireworks problem can counter it by standing up to expect and seek enforcement of current and existing laws. It does require thoughtful effort.

Virginia Lee is an attorney who has practiced law in Utah for 36 years.