2019 Fireworks Update

Fireworks

The use, sale, or possession of any fireworks not classified as “permissible” is illegal. Both unlawful fireworks and well as permissible fireworks are prohibited in the incorporated cities to include Colorado Springs, Monument, Fountain, and Manitou Springs, as well as all United States Forest Service Lands. You can refer to CRS Article 28: Fireworks 12-28-101 and the entire section for more specifics. A good rule to live by is if the firework flies through the air, explodes, or shoots flaming balls, they are illegal in Colorado.

The El Paso County Sheriff’s Office reminds everyone to check specific rules that are in place in the area you reside and with your local Fire Department or Fire Protection District.

Starting in January of this year the County adopted an updated open burning ordinance 19-001. In addition to the State enacting open burning restrictions, this ordinance allows for restrictions on all open fires and open burning within the unincorporated area of El Paso County, to include the restrictions on the sale and use of fireworks during Stage 1 and Stage 2 fire restrictions as well as days where the National Weather Service has issued Fire Weather Warnings for the area.

There are currently no fire restrictions in effect, but be aware these can change from day to day and it is your responsibility to keep informed of these changing conditions.


Definitions / Examples

Permissible Fireworks
Fountains
Ground Spinners

Smoke Bombs

Sparklers
Small cars/tanks with pyrotechnics
Unlawful Fireworks
Bottle Rockets
Firecrackers of any type
Mortars
M80's and cherry bombs
Roman Candles

Fireworks should not be confused with:

  • Champagne poppers (pull string and they launch colored paper)
  • Snaps (small paper wads that are thrown on the ground)
  • Pull string poppers (small 2” paper tubes with a string from each end)

The above examples are trick noise makers. They function by throwing them on the ground or by pulling on a string. These items are legal.

Enforcement

The following violations are Class 3 Misdemeanors:

  • CRS 12-28-102 (1) Unlawful use or sale of fireworks​:  Unlawful for any person to knowingly furnish to any person who is under sixteen years of  age, by gift, sale or any other means, any fireworks, including permissible fireworks.  Juveniles may possess or discharge when under adult supervision.
  • CRS 12-28-102 (2) Unlawful use or sale of fireworks:  Unlawful for any person under sixteen years of age to purchase any fireworks, including permissible fireworks.
  • CRS 12-28-102 (3) Unlawful use or sale of fireworks:  Possession or discharge of fireworks other than permissible fireworks.

Should the County go into open burning restrictions, which includes Red Flag Days, the sale or use of permissible fireworks will be prohibited. Persons found using permissible fireworks may be charged with violation if open burning restrictions go in effect.

 


 

Seizure of Fireworks:

  • CRS 12-28-109:  Authorizes all local authorities to seize, take, or remove any fireworks possessed in violation of 12-28-101 et. Seq.


 

Additional potential criminal offenses that might be affected by fireworks:

  • CRS 18-13-109:  Firing of woods or prairie
  • CRS 12-13-109.5:  Intentionally setting a wildfire
  • CRS 18-4-103 and 105:  Second degree arson and Forth degree arson respectively