Fireworks: Miami vs New York
How do fireworks rules compare between Miami, FL and New York, NY?
Miami has fewer restrictions than New York.
Miami, FL
Miami-Dade County
Consumer fireworks in the City of Miami may only be used on three designated dates: July 4th, New Year's Eve, and New Year's Day per FL HB 1059 (2020). Aerial fireworks sale is prohibited. Sparklers legal year-round.
View full Miami rules →New York, NY
New York County
All consumer fireworks are illegal in New York City, including sparkling devices that are legal in much of New York State. NYC Fire Code Section FC 5601.3.2 makes it unlawful to manufacture, sell, store, handle, use, or possess fireworks in NYC except for permitted public displays. New York Penal Law §270.00 separately criminalizes unlawfully dealing with fireworks. Only fireworks contractors holding an FDNY E-20 Certificate of Fitness may conduct displays, and only with FDNY permits.
View full New York rules →Key Facts Comparison
| Fact | Miami | New York |
|---|---|---|
| Legal Dates | July 4, Dec 31, Jan 1 | - |
| Distance | 25 ft from structures | - |
| Sale | Aerial types prohibited | - |
| State Law | FL §791 / HB 1059 | - |
| Sparklers | Legal year-round | - |
| Governing Law | - | NYC Fire Code §FC 5601.3.2; NY Penal Law §270.00 |
| Sparkling Devices | - | Banned in NYC (despite NY State legalization) |
| Aerial Fireworks | - | Banned statewide and in NYC |
| Permitted Displays | - | FDNY-licensed contractor with E-20 Certificate of Fitness only |
| Possession Penalty | - | Up to 15 days jail and/or fine (Penal Law §270.00 violation) |
| Sale Penalty | - | Up to 90 days jail (Class B misdemeanor) |
| Reporting | - | 311 (non-emergency); 911 (in-progress or large stockpile) |
| Enforcement | - | FDNY Bureau of Fire Prevention; NYPD |
Highlighted rows indicate differences between cities.
Miami FAQ
When can I use fireworks in Miami?
Only on July 4th, New Year's Eve, and New Year's Day. Use outdoors at least 25 feet from structures.
Can I buy fireworks in Miami?
Aerial fireworks that detonate or explode are illegal to sell. Sparklers and novelty items are available year-round.
New York FAQ
Are sparklers legal in New York City?
No. Although New York State legalized 'sparkling devices' in 2014, New York City opted out. All consumer fireworks, including handheld and ground-based sparklers, are banned in NYC under Fire Code §FC 5601.3.2.
What are the penalties for fireworks possession in NYC?
Under NY Penal Law §270.00, possession of less than $50 worth of fireworks is a violation punishable by up to 15 days in jail and/or a fine. Selling fireworks is a Class B misdemeanor punishable by up to 90 days in jail.
Can I have a private fireworks show on my property in NYC?
No. Only FDNY-licensed fireworks contractors holding an E-20 Certificate of Fitness may conduct fireworks displays in NYC, and only with an FDNY-issued permit and required insurance.
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