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Fireworks? Stay out of trouble under new Ga law.

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#1 GPatton

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Posted 01 July 2019 - 04:57 PM

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Fireworks In Paulding County: What You Should Know

 

(Paulding County, GA)  As we all get ready to celebrate our nation’s birthday, many of you will have cookouts, pool parties, maybe catch a baseball game, or even shoot some fireworks.  But do you know what the law says about discharging fireworks?

 

What you may not know is that the Georgia General Assembly changed the times on when you can legally ignite fireworks last year.  The new law went into effect on July 1, 2018.

 

Now you can legally discharge fireworks in the State of Georgia any day from 10:00 AM until 11:59 PM unless there is a local ordinance that prohibits them from being discharged that late.  Every county is different, but Paulding County DOES NOT currently have an ordinance which outlines when fireworks can be ignited.  With that being said, in Paulding County, we adhere to what state law says.  See OCGA 25-10-2 below for a full overview of the law.

  

As a point of clarification, it is illegal to use fireworks within 100 yards of any of the following locations no matter what time or day it is:

 

-Electric Plant                                  -Water Treatment Plant

-Waste-Water Treatment Plant  -Gas Station

-Refinery                                           -Electric Substation

-Jail or Prison                                   -Helipad

-Hospital                                           -Nursing Home

-Other Healthcare Facility

 

You cannot discharge fireworks in any park, historic site, or other state property.  You also cannot discharge fireworks while you are under the influence of alcohol or drugs and you have to be 18 years old to purchase them.  The below link has several quick facts to help keep you in the know about the current fireworks laws in Georgia. 

  

https://georgia.gov/blog/2018-06-28/fireworks-know-law-use-caution-and-be-courteous

OCGA 25-10-2: Prohibited fireworks activities; application of noise ordinances

(a)  It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or ignite or cause to be ignited, or to possess, manufacture, transport, or store any consumer fireworks or 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 consumer fireworks or any items defined in paragraph (2) of subsection ( B) of Code Section 25-10-1 to any person under 18 years of age.

(2)  It shall be unlawful to sell consumer fireworks or 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 or 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 identification card authorized under Code Sections 40-5-100 through 40-5-104.

(3)  (A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection ( B) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state.

( B)  Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:

(i)  On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 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 © of this Code section, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition;

(ii)  On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and

(iii)  On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M.

©  Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks anywhere in this state except:

(i)  As provided for under subparagraph (A) of this paragraph;

(ii)  In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks;

(iii)  Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any public or private electric substation; or a jail or prison;

(iv)  Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters;

(v)  Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph;

(vi)  Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks;

(vii)  Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or

(viii)  While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1.

(D)  Any person, firm, corporation, association, or partnership may use or ignite or cause to be ignited any consumer fireworks as provided for under divisions (3)( B)(i) and (3)©(v) of this subsection if such person, firm, corporation, association, or partnership is issued a special use permit pursuant to the law of a governing authority of a county or municipal corporation for the use or ignition of consumer fireworks in a location within such county or municipality as provided for under divisions (3)( B)(i) and (3)©(v) of this subsection, provided that such special use permit is required for such use or ignition. Such special use permit shall designate the time or times and location that such person, firm, corporation, association, or partnership may use or ignite or cause to be ignited such consumer fireworks. A fee assessed by a county or municipal corporation for the issuance of a special use permit pursuant to this subparagraph shall not exceed $100.00. No governing authority or official of a county, municipality, or other political subdivision shall bear liability for any decisions made pursuant to this Code section.

(E)  Whenever the Keetch-Byram Drought Index reaches a level of 700 or above for any geographical area within a county, the Governor may, in consultation with the State Forestry Commission and the Department of Natural Resources and for purposes of this Code section, issue a declaration of drought for such county and enact further regulations and restrictions prohibiting any person, firm, corporation, association, or partnership to ignite or cause to be ignited consumer fireworks within the boundaries of such county for the duration of such declaration; provided, however, that upon expiration or conclusion of such declaration or the level on the Keetch-Byram Drought Index receding below 700, whichever occurs first, such further regulations or restrictions shall be rescinded by law.

(4)  (A) It shall be lawful for any person 18 years of age or older to use or ignite or cause to be ignited or to possess, manufacture, transport, or store consumer fireworks.

( B)  To the extent otherwise permitted by law, it shall be lawful for any person who is 16 or 17 years of age to possess or transport consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection © of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection © of Code Section 25-10-5.1 and is not transporting such consumer fireworks on a highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways.

(5)  (A) It shall be lawful for any person 18 years of age or older to sell or to offer for sale at retail or wholesale any consumer fireworks pursuant to the requirements of this chapter.

( B)  It shall be lawful for any person who is 16 or 17 years of age to sell or to offer for sale at retail or wholesale any consumer fireworks, provided that such person is serving as an assistant to a distributor licensed under subsection © of Code Section 25-10-5.1 or the nonprofit group benefiting from such distributor's application pursuant to subsection © of Code Section 25-10-5.1.

(6)  (A) It shall be lawful to sell consumer fireworks from a permanent consumer fireworks retail sales facility or store only if such permanent consumer fireworks retail sales facility or store is:

(i)  In compliance with the requirements for such a permanent consumer fireworks retail sales facility or store in the selling of consumer fireworks as provided for in NFPA 1124; and

(ii)  Selling consumer fireworks of a distributor licensed pursuant to subsection ( B) or (d) of Code Section 25-10-5.1.

( B)  It shall be lawful to sell consumer fireworks from a temporary consumer fireworks retail sales stand only if such temporary consumer fireworks retail sales stand is:

(i)  In compliance with the requirements for such a temporary consumer fireworks retail sales stand in the selling of consumer fireworks as provided for in NFPA 1124;

(ii)  Within 1,000 feet of a fire hydrant of a county, municipality, or other political subdivision or a fire department connection of a building affiliated with such consumer fireworks retail sales stand, unless the chief administrative officer of the fire department of a county, municipality, or other political subdivision or chartered fire department legally organized to operate in this state pursuant to Chapter 3 of this title and having operational authority over such location of the temporary consumer fireworks retail sales stand provides in writing that such temporary consumer fireworks retail sales stand may operate in excess of 1,000 feet from such fire hydrant or fire department connection; and

(iii)  Selling consumer fireworks of a distributor licensed pursuant to subsection © of Code Section 25-10-5.1.

A distributor licensed pursuant to subsection © 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 © of Code Section 25-10-5.1 that is filed within 30 days of July 4 or December 31.

©  It shall be unlawful to sell consumer fireworks from any motor vehicle, from a trailer towed by a motor vehicle, or from a tent, canopy, or membrane structure.

©  Any noise ordinance of a county or municipal corporation which is to have effect for purposes of subdivision ( B)(3)( B)(i) shall have been enacted or reenacted on or after July 1, 2018, and shall:

(1)  Be a general noise ordinance concerning all manner of sounds or noises and such county or municipal corporation shall not have any ordinance separately pertaining to sounds or noises emanating exclusively from consumer fireworks; and

(2)  Not have been enacted or reenacted unless notice of the meeting in which such noise ordinance was enacted or reenacted was published one time at least 15 days in advance of such meeting in the legal organ of such county or municipal corporation and was posted for at least 72 hours at least 15 days in advance of such meeting on the homepage of the official website of such county or municipal corporation. Such notice shall state the date, time, and place of such meeting and that such noise ordinance which will affect the use of consumer fireworks will be acted upon.


 
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#2 CitizenCain

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Posted 04 July 2019 - 08:46 PM

INCOMING !! .... :shok:

 

 

No wait, it's the 4th and those are just Fireworks, thought I was having a flashback for a minute. 

 

HAPPY INDEPENDENCE DAY. 


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#3 Lady Raider

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Posted 05 July 2019 - 07:30 PM

sounded like a dag war zone here lat night, and it started around 6pm today. uggh...


"The most dangerous place in the world to be is "Between a Mother and her Child"

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#4 Rocky's Mom

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Posted 05 July 2019 - 08:06 PM

Hubby and I used to have a pretty large 4th party with something close to 90 people or so and we had a blast! In fact, a few of the members of this site even came but this year was a bit different for us. My prince of light threw me a small, private fireworks show with most of the bells and whistles and we completely enjoyed it. I made a good dinner of lasagna with a white sauce and even made a coconut cream dessert that hubby just loved.

Seemed like 11pm was shut down time for everyone around here so other than the dogs pretty much being a PITA, it was all good.

Hope everyone had a safe, happy and enjoyable 4th with their family and friends!
"There comes a time in your life, when you walk away from all the drama and people who create it. You surround yourself with people who make you laugh. Forget the bad, and focus on the good. Love the people who treat you right, pray for the ones who don't. Life is too short to be anything but happy. Falling down is a part of life, getting back up is living."

#5 LPPT

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Posted 05 July 2019 - 08:49 PM

Hubby and I used to have a pretty large 4th party with something close to 90 people or so and we had a blast! In fact, a few of the members of this site even came but this year was a bit different for us. My prince of light threw me a small, private fireworks show with most of the bells and whistles and we completely enjoyed it. I made a good dinner of lasagna with a white sauce and even made a coconut cream dessert that hubby just loved.

Seemed like 11pm was shut down time for everyone around here so other than the dogs pretty much being a PITA, it was all good.

Hope everyone had a safe, happy and enjoyable 4th with their family and friends!

I well remember the 4th at your house. The fireworks over the lake were awesome. Franky took a chunk of his pay check and put on a wonderful show for us. We gave Telia her Valium before we started. We have awesome neighbors, it was lit up for about 2 hours and all stopped by midnight.


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As far as releasing my name here, it's not going to happen.  There have been people here who found someone's given name and then found where they worked and made things difficult for them - all because they didn't like them here because of their political opinions.

 


#6 Rocky's Mom

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Posted 05 July 2019 - 09:56 PM

I well remember the 4th at your house. The fireworks over the lake were awesome. Franky took a chunk of his pay check and put on a wonderful show for us. We gave Telia her Valium before we started. We have awesome neighbors, it was lit up for about 2 hours and all stopped by midnight.

Yup...I still remember the awesome flowers you brought. In fact, I think the vase/jar you put them in is still floating around here somewhere. Its funny about get togethers like that, you want to sit down and just visit with your guests but it seemed like I was running around all the time making sure everyone had what they needed that there was not enough time to just visit and yak! We sure did enjoy it through and we were so glad that we did it. Ill tell you what, there was enough garbage between the trash from the fireworks and the party itself we probably filled half of the garbage truck with it all.

I cant remember, did Franky help the other guys with the fireworks? Those guys had way too much fun with that chore, I mean they loved it. I never understood why it was fun for them but they sure did enjoy it. We would drive to Alabama and fill the back seat AND the bed of the truck (we covered the bed with a tarp for the ride home) with the fireworks. We had a BUNCH of fireworks for those parties.

Ill look for a picture to post.
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"There comes a time in your life, when you walk away from all the drama and people who create it. You surround yourself with people who make you laugh. Forget the bad, and focus on the good. Love the people who treat you right, pray for the ones who don't. Life is too short to be anything but happy. Falling down is a part of life, getting back up is living."

#7 Rocky's Mom

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Posted 05 July 2019 - 10:41 PM

O well, I looked......no luck with the picture. It’s night night time anyway.
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"There comes a time in your life, when you walk away from all the drama and people who create it. You surround yourself with people who make you laugh. Forget the bad, and focus on the good. Love the people who treat you right, pray for the ones who don't. Life is too short to be anything but happy. Falling down is a part of life, getting back up is living."





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