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Kent County, DE Fire Regulations: Fireworks (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Section
§168-23(O), Other prohibited activities
Scope
Fireworks, firearms and other explosives, all park land
Maximum fine
$100 per violation, §168-39(A)
Enforcing agency
Parks Division, Dept. of Community Services
Related rule
§168-24 bars firearms/fires except in designated areas
Trial venue
State court for the county, §168-39(D)

Summary

Kent County Code § 168-23(O) makes it unlawful to discharge or set off fireworks, firearms or other explosives anywhere in a county park. The Parks Division enforces the ban, and anyone caught faces the Chapter 168 general penalty of up to $100 per violation on top of losing any park permit held.

These county ordinances apply to unincorporated areas of Kent County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

No person shall discharge or set off fireworks, firearms or other explosives.

Full Breakdown

The fireworks ban sits in § 168-23, titled 'Other prohibited activities,' a list of 21 conduct rules, lettered A through U, that apply on land administered by the Kent County Department of Community Services, Parks Division. ' The rule is absolute inside park boundaries: it carves out no holiday exception, no permitted-display exception, and no distinction between consumer fireworks and firearms, treating them as the same category of banned conduct. It complements § 168-24, which separately lists 'possession and use of firearms of any type' and 'fires of any kind' among activities barred everywhere in the parks except within areas the Division has specifically designated and subjected to special regulations, and § 168-31, which confines any open flame to established fireplaces and commercially made barbecue grills in picnic areas.

Together these sections mean a park visitor cannot legally set off fireworks anywhere on county park land, including at picnic pavilions, ballfields, or the parking areas the chapter also regulates. Chapter 168 applies only to land 'administered by the County' under its parks and recreation program; it does not reach fireworks use on private property or inside incorporated towns such as Dover, Smyrna or Milford, which enforce their own municipal codes, and Dover Air Force Base is federal property outside county jurisdiction.

Violations & Fines

A fireworks violation is punished under the Chapter 168 general penalty, Kent County Code § 168-39(A): a fine of not more than $100 for each offense where no other penalty is set. Under § 168-39(D) the case is tried in the state court for the county where the park lies, and § 168-39(C) layers on any separate state penalty if the same conduct also breaks Delaware's fireworks or explosives statutes.

Frequently Asked Questions

Can I set off fireworks at a Kent County park picnic?
No. Kent County Code § 168-23(O) flatly bans discharging or setting off fireworks, firearms or other explosives anywhere on land the county's Parks Division administers, with no exception for private picnics, birthdays or holidays. Section 168-31 further limits open flame in picnic areas to established fireplaces and manufactured grills, so fireworks are barred even where a cooking fire would otherwise be allowed.
Does the park fireworks ban apply to Dover or Smyrna?
No. Chapter 168 governs only land administered by Kent County's Department of Community Services, Parks Division, meaning county-owned parks in the unincorporated area. Dover, Smyrna, Milford and the county's other incorporated towns enforce their own municipal codes on fireworks, and Dover Air Force Base is federal property outside county jurisdiction entirely.
What is the penalty for setting off fireworks in a county park?
Up to $100 per violation under the Chapter 168 general penalty, § 168-39(A), tried in the state court for the county under § 168-39(D). If the fireworks also violate a state statute, § 168-39(C) allows separate punishment under that law on top of the county fine.

Sources & Official References

Other rules in Kent County

All Kent County rules

How Kent County compares: Cities Where Fireworks Are Banned or Heavily Restricted·Compare Kent County to another location·View the Delaware fire regulations overview

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