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Brookhaven, GA Fire Regulations: Fireworks (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
Brookhaven Code § 12-177 (Chapter 12, Article VII)
Activities restricted
Sale, use, possession, manufacture and storage within the city
Public displays
Allowed if permitted under O.C.G.A. ch. 25-10 (§ 12-179)
Maximum penalty
Fine up to $1,000.00 or six months in jail (§ 1-11(c))
Continuing violations
Each day is a separate offense
Definition conflicts
O.C.G.A. § 25-10-1 et seq. controls (§ 12-176)

Summary

In the City of Brookhaven, Georgia, Sec. 12-177 makes it unlawful to sell, use, explode, possess, manufacture or store consumer fireworks or fireworks inside the city, except as state law permits or the article otherwise allows. Public displays are allowed only when permitted under O.C.G.A. ch. 25-10. Violations are punished under the general penalty in section 1-11.

Except as permitted under state law and as otherwise permitted in this article, it shall be unlawful for any person, firm, corporation, association or partnership to offer for sale at retail or wholesale, or to use or explode or cause to be exploded, or to possess, manufacture, or store any consumer fireworks or fireworks within the city. ... Public exhibitions or displays of fireworks ... shall be allowed if properly permitted according to the provisions of O.C.G.A. ch. 25-10. ... Any person violating the provisions of this article shall be subject to punishment, and upon conviction, subject to fine and/or imprisonment in accordance with section 1-11.

Full Breakdown

Article VII of Chapter 12, Fire Prevention, is the fireworks article in the Code of the City of Brookhaven, Georgia. Section 12-177 is the operative rule: unless state law or another part of the article allows it, no person, firm, corporation, association or partnership can offer fireworks for sale at retail or wholesale, use or explode them or cause them to be exploded, or possess, manufacture or store them within the city. The ban reaches both consumer fireworks and fireworks, which Section 12-176 defines separately.

Consumer fireworks are small devices with restricted amounts of pyrotechnic composition that meet Consumer Product Safety Commission, Department of Transportation and American Pyrotechnics Association standards, and the definition adds Roman candles. Both definitions exclude model rockets and model rocket engines, toy pistol paper caps averaging 0.25 grains or less of explosive mixture, wire or wood sparklers of 100 grams or less of mixture per item, snakes and glow worms, smoke devices, and trick noise makers such as party peppers, snappers and drop pops. Where a city definition conflicts with O.C.G.A. § 25-10-1 et seq., Section 12-176 says the state definition controls.

Section 12-178 is printed as Reserved, with the note that it was superseded by state law. Section 12-179 allows public exhibitions or displays of fireworks if they are properly permitted under O.C.G.A. ch. 25-10. The article contains no separate city permit procedure for displays, so the state chapter supplies those terms. Section 12-180 sets the penalty for any violation of the article.

Violations & Fines

Section 12-180 makes any person who violates the article subject to punishment and, on conviction, to a fine and/or imprisonment in accordance with section 1-11. Section 1-11(c) allows a fine not exceeding $1,000.00 or imprisonment in jail not to exceed six months, or both, unless the Code or state law provides otherwise, and it treats each day a continuing violation lasts as a separate offense. Selling, using, possessing, manufacturing and storing are each covered by Section 12-177.

Frequently Asked Questions

Can I set off fireworks at home in Brookhaven, Georgia?
Section 12-177 makes it unlawful to use or explode consumer fireworks or fireworks within the city, except as permitted under state law and as otherwise permitted in the article. The same section also covers offering them for sale, possessing, manufacturing and storing them, so the rule reaches more than the moment of lighting a device.
Are sparklers covered by the ban?
Under Section 12-176, the term fireworks does not include wire or wood sparklers of 100 grams or less of mixture per item, or other sparkling items that are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or 500 grams or less in total for multiple tubes. Snakes, glow worms, smoke devices and trick noise makers such as party peppers, snappers and drop pops are excluded as well.
Are public fireworks displays allowed in the city?
Section 12-179 allows public exhibitions or displays of fireworks if they are properly permitted according to the provisions of O.C.G.A. ch. 25-10. The city article does not lay out its own display permit procedure, so the state chapter supplies the permit terms for a display.
What is the penalty for a fireworks violation?
Section 12-180 subjects a violator to punishment and, on conviction, to a fine and/or imprisonment in accordance with section 1-11. That section allows a fine not exceeding $1,000.00 or jail time not to exceed six months, or both, and each day of a continuing violation counts as a separate offense.

Sources & Official References

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