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Regarding Consumer Fireworks

  • Date: 07/04/2020  

Regarding Consumer Fireworks

The City of Smyrna is bound by state law regarding consumer fireworks. The following represents the extent of what local governments of Smyrna and Cobb County are allowed to do to address the issue of and/or allowed to do to limit the use of consumer fireworks.

Smyrna: Consumer fireworks are allowed from 10:00 am to 9:00 pm on days that do not have a holiday exception. They are allowed from 10:00 am to 11:59 pm on January 1, July 3, July 4, and December 31.  In Smyrna Code of Ordinances, titled “Sec. 50-8. - Special use permit for consumer fireworks,” there are conditions under which permits must be obtained. The link to that info is Smyrna Ordinance: https://library.municode.com/ga/smyrna/codes/code_of_ordinances?nodeId=PTIICOOR_CH46EN_ARTIINGE_S46-1NORE

Please make yourself familiar with state law regarding consumer fireworks. State Law – which also outlines what one may not do with consumer fireworks (such as - it is unlawful to use fireworks, consumer fireworks indoors or within the right of way of a public road, street, highway or railroad, or within any park, historic site, recreational area, or with 100 yards of a hospital, nursing home, or other health care facility, or while under the influence of alcohol, for instance) - may be viewed at https://advance.lexis.com/document?crid=75ba3be6-7320-438c-9b90-61c897a14a2b&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A5YYC-7VF1-JJYN-B2NW-00008-00&pdcontentcomponentid=234186&pdmfid=1000516&pdisurlapi=true

Cobb County: You may have a Smyrna address, but your property/location is outside of Smyrna city limits, in unincorporated Cobb County. Cobb County Code bans the use of fireworks from 9:00 pm to 10:00 am. This is spelled out in the county’s code under the noise ordinances. Violations are a misdemeanor offense in Cobb County. You can view the noise ordinances for Cobb County by going to  https://library.municode.com/ga/cobb_county/codes/code_of_ordinances?nodeId=PTIOFCOCOCOGE_CH50EN_ARTVIINO

However, the state legislature has spelled out several exemptions in O.C.G.A. § 25-10-1 et seq. This allows exemptions to local government ordinances for use of fireworks on specific dates and times.

  • December 31 (New Year’s Eve) - Fireworks may be discharged until 1 a.m.
  • January 1 (New Year’s Day) - Fireworks may be discharged until midnight.
  • The last Saturday and Sunday in May - Fireworks may be discharged until midnight.
  • July 3 - Fireworks may be discharged until midnight.
  • July 4 - Fireworks may be discharged until midnight.
  • The first Monday in September - Fireworks may be discharged until midnight.
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