A distributor licensed pursuant to subsection (c) of Code Section 25-10-5.1 may operate no more than two temporary consumer fireworks retail sales stands in this state per location licensed pursuant to subsection (b) or (d) of Code Section 25-10-5.1; provided, however, that such distributor has been operating and open to the public pursuant to subsection (b) or (d) of Code Section 25-10-5.1 no less than 30 days prior to July 4 or December 31 in the year of an application for a license under subsection (c) of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.
History. Ga. L. 1955, p. 550, § 3; Ga. L. 1962, p. 11, § 2; Ga. L. 1996, p. 945, § 1; Ga. L. 2005, p. 596, § 2/SB 133; Ga. L. 2015, p. 274, § 3/HB 110; Ga. L. 2016, p. 64, § 6/HB 727; Ga. L. 2018, p. 181, § 1/HB 419.
The 2015 amendment, effective July 1, 2015, inserted “consumer fireworks or” near the end of subsection (a) and rewrote subsection (b).
The 2016 amendment, effective April 26, 2016, substituted “use or ignite or cause to be ignited” for “use or explode or cause to be exploded” in the middle of subsection (a) and rewrote subsection (b).
The 2018 amendment, effective July 1, 2018, deleted “9:00 P.M.;” following “ending time of” at the end of division (b)(3)(B)(i); substituted “11:59 P.M., unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section,” for “(ii) On any day after the time of 9:00 P.M. and up to and including the time of 11:59 P.M. if such use or ignition is lawful pursuant to any noise ordinance of the county or municipal corporation of the location in which such use or ignition occurs,”; redesignated former division (b)(3)(B)(iii) as present division (b)(3)(B)(ii); in division (b)(3)(B)(ii), inserted “the last Saturday and Sunday in May,”, inserted “the first Monday in September,”, and substituted “10:00 A.M.” for “9:00 A.M.”; redesignated former division (b)(3)(B)(iv) as present division (b)(3)(B)(iii); substituted “divisions (3)(B)(i) and (3)(C)(v)” for “divisions (3)(B)(ii) and (3)(C)(v)” twice in the first sentence of subparagraph (b)(3)(D); substituted the present provisions of subparagraph (b)(3)(E) for the former provisions, which read: “Whenever the Governor issues a declaration of drought, the Governor may, for the boundaries of the area covered by such declaration, enact further regulations and restrictions concerning the use of consumer fireworks than provided for under this chapter; provided, however, that no such further regulations or restrictions on the use of consumer fireworks shall be effective pursuant to this subparagraph on January 1, July 3, July 4, or December 31 of any year; provided, further, that such further regulations or restrictions shall only apply to the exact boundaries of the area covered by such declaration and shall only apply with regard to the ignition of consumer fireworks; and provided, further, that upon expiration or conclusion of such declaration, such further regulations or restrictions shall be rescinded by law.”; and added subsection (c).
Cross references.
Nuisance defined generally, § 41-1-1 .
Law reviews.
For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).
Structure Georgia Code
Title 25 - Fire Protection and Safety
Chapter 10 - Regulation of Fireworks
§ 25-10-2. Prohibited Fireworks Activities; Application of Noise Ordinances
§ 25-10-2.1. Use of Fireworks and Consumer Fireworks While Under the Influence; Violation
§ 25-10-3. Permitted Sales and Uses of Fireworks
§ 25-10-3.1. Storage of Fireworks by Licensed Nonmanufacturers
§ 25-10-3.2. License Required for Pyrotechnics Exhibits; Requirements; Penalty for Violations
§ 25-10-5.1. Requirements for Issuance of License to Distribute Consumer Fireworks; Required Signage
§ 25-10-7. Applicability of Provisions of Chapter
§ 25-10-8. Penalty for Violations of Chapter
§ 25-10-9. Penalty for Illegal Use or Sale of Fireworks
§ 25-10-12. Additional Grounds for Revocation or Suspension, Refusal, or Nonrenewal of License