MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Business and Commerce
By: Representative Horne
AN ACT TO AMEND SECTION 45-13-7, MISSISSIPPI CODE OF 1972, TO REQUIRE FIREWORKS KEPT FOR SALE AT WHOLESALE AND RETAIL TO BE LOCATED WITHIN A PERMANENT STRUCTURE; TO AMEND SECTION 45-13-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SALE AND PURCHASE OF FIREWORKS YEAR-ROUND; TO AMEND SECTION 45-13-15, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR A VIOLATION OF THIS ACT FROM A FELONY TO A MISDEMEANOR; TO BRING FORWARD SECTIONS 45-13-1, 45-13-3, 45-13-11, 45-13-13, 45-13-101, 45-13-103, 45-13-105, 45-13-107, 45-13-109, 97-37-27 AND 21-19-15, MISSISSIPPI CODE OF 1972, WHICH RELATE TO FIREWORKS AND EXPLOSIVES, MUNICIPALITIES, AND PRESERVING GOOD ORDER AND PEACE, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-13-7, Mississippi Code of 1972, is amended as follows:
45-13-7. Fireworks kept for
sale at wholesale and retail shall be stored in a room set aside for the
storage and sale of fireworks only, and shall be located within a permanent
structure and shall not be located in a temporary stand. Over the entrance
to this room shall be posted a sign reading "FIREWORKS-NO SMOKING-KEEP
OPEN FLAMES AWAY." Two (2) approved fire extinguishers shall be provided
and kept in close proximity to the stock of fireworks in all buildings where
fireworks are sold. * * * All fireworks kept for sale
on counters must remain in original packages unless an attendant is on duty at
all times at the counter where the fireworks are on display. Signs reading
"FIREWORKS FOR SALE-NO SMOKING ALLOWED" shall be displayed in the
section of any store set aside for the sale of fireworks.
SECTION 2. Section 45-13-9, Mississippi Code of 1972, is amended as follows:
45-13-9. * * * Fireworks shall be available for sale and
purchase * * * at retail * * * year-round. No fireworks shall be sold
to any person under the age of twelve (12) years. It shall be unlawful to ignite
or discharge fireworks of any type within six hundred (600) feet of any church,
hospital or school, or within seventy-five (75) feet of where fireworks are
stored or offered for sale. It shall also be unlawful to ignite or discharge
the same within or throw the same from or into or at any motor vehicle.
SECTION 3. Section 45-13-15, Mississippi Code of 1972, is amended as follows:
45-13-15. Any person, firm,
partnership or corporation violating any provision of this article shall be guilty
of a * * * misdemeanor. In addition to said criminal penalties,
any person, firm, partnership or corporation violating any provision of this
article shall be responsible for any and all injuries, deaths and property
damage caused by or resulting from illegal fireworks sold by such person, firm,
partnership or corporation which is prohibited by this article within the State
of Mississippi, and any injured person or his legal representatives, shall have
a right to bring a civil action against the dealer, distributor or manufacturer
or person who sold said fireworks, whether said dealer, distributor or
manufacturer or person be located in this state or not. Any dealer,
distributor or manufacturer or person located outside of this state who shall
sell fireworks in Mississippi shall make, constitute and appoint the Secretary
of State as their lawful agent for service of process in any civil proceeding
brought under the provisions of this article, to recover all damages caused or
resulting from the sale of any fireworks prohibited by this article.
SECTION 4. Section 45-13-1, Mississippi Code of 1972, is brought forward as follows:
45-13-1. Except as herein provided, the manufacture, sale, possession or use of fireworks in this state is prohibited, provided the manufacture, sale, possession and use of fireworks which are now or may hereafter be classified as "common fireworks" by the Interstate Commerce Commission, and are labeled by said commission with the Class C common fireworks label, and which were designed to produce an audible effect shall contain an explosive composition not exceeding two (2) grains in weight, such fireworks being referred to as safe and sane items, and including such items as cone fountains, small Chinese crackers, small nonexplosive Roman candles and rockets, and similar nondangerous items, shall be permitted within this state, but only upon the conditions as hereinafter set forth in this article. Paper caps for use in toy guns and similar items and nonexplosive sparklers are not included within the term "fireworks" as herein used.
SECTION 5. Section 45-13-3, Mississippi Code of 1972, is brought forward as follows:
45-13-3. Except as hereinafter provided, no retailer, dealer or any other person shall sell, offer for sale, store, display, or have in their possession, or use or explode anywhere in this state any fireworks that have not been approved and labeled as Class C common fireworks by the Interstate Commerce Commission. No jobber, wholesaler, manufacturer or any other person shall sell to retail dealers or any other person in this state for the purpose of resale or use in this state any fireworks which do not have the Interstate Commerce Commission Class C label printed on the fireworks or on the smallest package in which the same are sold. The Interstate Commerce Commission Class C label must be visible on the fireworks or smallest container in which the same are sold and the label shall be on the fireworks or on the package or both which are received by the general public from the dealer, and such label shall be of such size and so positioned as to be readily seen and recognized by law enforcement officers and the public. Wherever practical such fireworks and container shall have imprinted thereon directions for the handling thereof.
SECTION 6. Section 45-13-11, Mississippi Code of 1972, is brought forward as follows:
45-13-11. The governing body of any municipality or the board of supervisors of any county outside a municipality may grant permits under which fireworks, the sale, possession or use of which is otherwise prohibited hereby, may be sold and used for exhibition purposes; however, such permit shall be issued in compliance with Section 1123 of the National Fire Protection Association, as revised, and the Mississippi Fire Prevention Code, as revised. Such permits shall require that the persons in charge of such exhibitions shall be experienced in the handling of fireworks and the members of the public attending the exhibitions shall be kept at a safe distance therefrom. Any fireworks held in storage for such exhibitions shall be kept in a closed box until removed therefrom for firing.
SECTION 7. Section 45-13-13, Mississippi Code of 1972, is brought forward as follows:
45-13-13. The provisions of this article shall not in any manner limit or affect the right of the governing body of municipalities and the boards of supervisors of counties to regulate or hereafter prohibit the possession, sale and use of fireworks of any kind within the limits thereof.
SECTION 8. Section 45-13-101, Mississippi Code of 1972, is brought forward as follows:
45-13-101. Every person who sells or otherwise disposes of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives, shall keep an accurate record of the name of the purchaser, his address, quantity, and the general purpose of its intended use. It shall be unlawful to sell dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives unless the person making the sale knows the purchaser and the general purpose for which such explosive or its counterpart will be used.
SECTION 9. Section 45-13-103, Mississippi Code of 1972, is brought forward as follows:
45-13-103. Every seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives shall report any sale, transfer of title, or removal to the sheriff of the county where such transfer or removal took place within twenty-four (24) hours on forms to be provided. Should the sale, transfer of title of removal of explosives be within a municipality, then a report shall also be made within twenty-four (24) hours to the chief of police on forms to be provided. The governing authorities of municipalities shall have the power to adopt ordinances for the further regulation and control of dynamite, nitroglycerine and similar explosives.
SECTION 10. Section 45-13-105, Mississippi Code of 1972, is brought forward as follows:
45-13-105. Any seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators, or other similar explosives who does not report to proper authorities as required by this article shall, upon conviction, be punished by imprisonment in the Penitentiary not exceeding five (5) years, or in the county jail not exceeding one (1) year.
SECTION 11. Section 45-13-107, Mississippi Code of 1972, is brought forward as follows:
45-13-107. Any person who has dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives in his possession and being engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possesses said articles for the purpose of use in said business, or any seller, dealer, or person transporting said articles, shall keep said articles under his control and secure from theft or pilferage at all times.
SECTION 12. Section 45-13-109, Mississippi Code of 1972, is brought forward as follows:
45-13-109. Every person transporting or bringing dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives into the State of Mississippi shall immediately report to the sheriff of the county of original entry, identify himself, give his destination and an inventory which shall be filed in a register to be kept by the sheriff. The sheriff shall, within twenty-four (24) hours, after receiving the name, destination and inventory, report same to the Commissioner of Public Safety. For such registering and reporting, the sheriff shall be paid a fee of Three Dollars ($3.00) by the person transporting the explosives. A person transporting dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives who fails to report his name, destination and inventory shall, upon conviction, be punished by imprisonment in the Penitentiary not exceeding twenty (20) years.
SECTION 13. Section 97-37-27, Mississippi Code of 1972, is brought forward as follows:
97-37-27. It shall be unlawful to explode any fire-crackers, roman candles, sky-rockets or any kind of fireworks in any unincorporated town or village in this state, within three hundred yards of any railroad depot, and cotton or hay warehouse or any cotton-yard. And any one violating the provisions of this section shall, upon conviction, before any justice of the peace, be fined not more than Ten Dollars nor less than One Dollar, or imprisoned not more than ten days, or may be both fined and imprisoned.
SECTION 14. Section 21-19-15, Mississippi Code of 1972, is brought forward as follows:
21-19-15. (1) The governing authorities of municipalities shall have power to make all needful police regulations necessary for the preservation of good order and peace of the municipality and to prevent injury to, destruction of, or interference with public or private property.
(2) The governing authority of a municipality shall have the power to regulate or prohibit any mill, laundry or manufacturing plant from operating whereby the soot, cinders or smoke therefrom, or the unnecessary noises thereof, may do damage to or interfere with the use or occupation of public or private property.
(3) The governing authority of a municipality shall have the power to prohibit or regulate the sale or use of firecrackers, roman candles, torpedoes, sky rockets, and any and all explosives commonly known and referred to as fireworks; the term "fireworks" shall not include toy pistols, toy canes, toy guns, other devices in which paper caps manufactured in accordance with United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used, or toy pistol paper caps manufactured as provided herein, the sale and use of which shall be permitted at all times.
(4) The governing authority of a municipality may enact an ordinance specifying the manner and means by which a motor vehicle may be immobilized due to failure of the record title owner of the motor vehicle to pay traffic or parking fines totaling over Two Hundred Dollars ($200.00).
(5) The governing authority of a municipality may enforce an ordinance regulating or restricting parking on any public street or roadway. However, signage that adequately describes the parking regulation or restriction must be posted.
SECTION 15. This act shall take effect and be in force from and after July 1, 2024.