05
SB133/AP
Senate
Bill 133
By: Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd
By: Senators Balfour of the 9th, Johnson of the 1st and Mullis of the 53rd
AS
PASSED
AN
ACT
To
amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating
to the regulation of fireworks, so as to change the definition of the term
"fireworks"; to prohibit the sale of certain combustible or explosive
compositions to persons under 18 years of age; to provide for certain
limitations on such sales; to provide for a monetary penalty for sales made in
violation of such prohibition; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 25 of the Official Code of Georgia Annotated, relating to the
regulation of fireworks, is amended by striking Code Section 25_10_1, relating
to definition of "fireworks," and inserting in lieu thereof a new Code Section
25_10_1 to read as follows:
"25_10_1.
(a)
As used in this chapter, the term:
(1)
'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,
including blank cartridges, balloons requiring fire underneath to propel them,
firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other
combustibles and explosives of like construction, as well as articles containing
any explosive or flammable compound and tablets and other devices containing an
explosive substance.
(2)
'Proximate audience' means an audience closer to pyrotechnic devices than
permitted by the National Fire Protection Association Standard 1123,
Code for Fireworks
Display, as adopted by the Safety Fire
Commissioner.
(3)
'Pyrotechnics' means fireworks.
(b)
As used in this chapter, the term 'fireworks' shall not include:
(1)
Model rockets and model rocket engines, designed, sold, and used for the purpose
of propelling recoverable aero models, toy pistol paper caps in which the
explosive content averages 0.25 grains or less of explosive mixture per paper
cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using
such paper caps; nor shall the term 'fireworks' include ammunition consumed by
weapons used for sporting and hunting purposes; and
(2)
Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of
chemical compound per tube or a total of 200 grams or less for multiple tubes;
snake and glow worms; trick noise makers which include paper streamers, party
poppers, string poppers, snappers, and drop pops each consisting of 0.25 grains
or less of explosive
mixture."
SECTION
2.
Said
chapter is further amended by striking Code Section 25_10_2, relating to
prohibited acts with respect to fireworks, and inserting in lieu thereof a new
Code Section 25_10_2 to read as follows:
"25_10_2.
(a)
It shall be unlawful for any person, firm, corporation, association, or
partnership to offer for sale at retail or wholesale, to use or explode or cause
to be exploded, or to possess, manufacture, transport, or store any fireworks,
except as otherwise provided in this chapter.
(b)(1)
Notwithstanding any provision of this chapter to the contrary, it shall be
unlawful for any person, firm, corporation, association, or partnership to sell
to any person under 18 years of age any items defined in paragraph (2) of
subsection (b) of Code Section 25_10_1.
(2)
It shall be unlawful to sell any items defined in paragraph (2) of subsection
(b) of Code Section 25_10_1 to any person by any means other than an in_person,
face_to_face sale. Such person shall provide proper identification to the
seller at the time of such purchase. For purposes of this paragraph, the term
'proper identification' means any document issued by a governmental agency
containing a description of the person, such person´s photograph, or both,
and giving such person´s date of birth and includes without being limited
to, a passport, military identification card, driver´s license, or an
identification card authorized under Code Sections 40_5_100 through
40_5_104.
(3)
It shall be unlawful to use any items defined in paragraph (2) of subsection (b)
of Code Section 25_10_1
indoors."
SECTION
3.
Said
chapter is further amended by adding a new Code Section 25_10_9 to read as
follows:
"25_10_9.
Notwithstanding
any provision of this chapter to the contrary, any person, firm, corporation,
association, or partnership who or which knowingly violates subsection (b) of
Code Section 25_10_2 may be punished by a fine not to exceed $100.00. Each
sales transaction in violation of subsection (b) of Code Section 25_10_2 shall
be a separate
offense."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.