NAC477.661. Prohibited acts; seizure and disposal of fireworks.

     1. No person may:

     (a) Use or discharge:

          (1) A special effect or firework unless the person is a pyrotechnic operator certified by the State Fire Marshal.

          (2) A firework of any class or type within 100 feet of stored gasoline or other flammable liquid which is listed as Class I in N.F.P.A. Standard 30, 2008 edition, or any other combustible material.

     (b) Display or discharge a firework at a commercial display of fireworks in such a manner as to endanger any person.

     (c) Discharge fireworks of any class in a county where the discharge of the fireworks is prohibited.

     2. If the authority having jurisdiction believes that fireworks which create an imminent danger to life or property will be discharged in violation of this subsection, the authority having jurisdiction may seize the fireworks without notice.

     3. The authority having jurisdiction will take and retain possession of fireworks seized in accordance with this section during any judicial or administrative proceedings involving the fireworks and will, upon conclusion of the proceedings, destroy them or return them to the person from whom they were seized as directed in such proceedings.

     4. Any person whose fireworks are adjudged in any judicial or administrative proceeding to be hazardous will be charged with the expenses incurred in the seizure, transportation, storage and disposal of those fireworks. This charge constitutes a debt and is collectible by any agency of the State or any of its political subdivisions incurring any such expense in the same manner as if it is an obligation under an express or implied contract.

     (Added to NAC by St. Fire Marshal, eff. 1-19-84; A 7-16-85, eff. 8-1-85; 3-9-89; 2-17-94; 8-23-94; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011)