HB 1097 Summary

• Prohibits any person from setting off, igniting, discharging, or causing to explode fireworks or pyrotechnic articles from public highways, alleys, streets, sidewalks, or other public ways without a permit issued under section 132D-10.

• Establishes penalties for violations: first offense with consumer fireworks results in fines of $1,000 to $2,000; second or subsequent violation within 10 years is a class C felony.

• Establishes higher penalties for aerial devices, display fireworks, or pyrotechnic articles: first violation is a class C felony; second or subsequent violation within 2 years is a class B felony.

• Makes violators liable for compensatory and consequential damages to property and compensation for pain and suffering from bodily injuries caused by illegal fireworks use.

• Court orders awarding damages must include wage garnishment, property liens if full compensation is not paid within a specified timeframe, and other provisions to facilitate victim compensation.