§ 23-28.11-9 - Violations.
SECTION 23-28.11-9
§ 23-28.11-9 Violations. – (a) Any person found to be in violation of the provisions of this chapterrelating to possession of commercial fireworks or pyrotechnics shall be finednot less than one hundred ($100) nor more than five hundred dollars ($500) orimprisoned for not more than one year. Any person found to be in violation ofthe provisions of this chapter relating to use or display of commercialfireworks or pyrotechnics shall be guilty of a felony, and shall be fined notless than one thousand dollars ($1,000), or imprisoned for not more than five(5) years, or both.
(b) The state fire marshal or the fire marshal's deputies orany officer qualified to serve criminal process may arrest without a warrantany person found in violation of this chapter and shall seize immediately anyand all of the fireworks and/or pyrotechnics in illegal use, possession, orunder that person's control, and the fireworks seized shall upon conviction ofthe person be forfeited to the state.
(c) Notice of the seizure of the fireworks and/orpyrotechnics shall immediately be sent to the marshal by the officer making theseizure and the fireworks and/or pyrotechnics seized shall be held and securelystored by that department until the marshal or the marshal's authorizedexplosives technician takes them into his or her possession for disposal.