Ohio HB 172 (effective July 1, 2022) legalized 1.4G consumer fireworks discharge by adults (18+) on private property, on specific holidays only, under R.C. 3743.45. R.C. 3743.45 expressly authorizes counties, townships, and municipalities to ban or restrict fireworks discharge - and many Montgomery County jurisdictions, including the City of Dayton, have opted out and prohibit all consumer fireworks. R.C. 3743.65 prohibits negligent discharge while intoxicated or on another person's property without permission.
Ohio's consumer fireworks law was rewritten by HB 172, signed by Gov. DeWine in November 2021 and effective July 1, 2022. Under R.C. 3743.45, a person 18 or older may discharge, ignite, or explode 1.4G consumer-grade fireworks on private property (with the property owner's authorization) on these dates only: January 1; Chinese New Year; the day of Diwali; May 5 (Cinco de Mayo); the Saturday, Sunday, and Monday of Memorial Day weekend; June 19 (Juneteenth); July 3, 4, and 5; the Fridays, Saturdays, and Sundays immediately preceding and following July 4; the Saturday, Sunday, and first Monday of Labor Day weekend; and December 31. R.C. 3743.45(C) expressly grants counties (in unincorporated territory), townships (in unincorporated territory), and municipal corporations authority to (1) restrict the dates and times of discharge or (2) ban discharge entirely. A township resolution prevails over a conflicting county resolution. The City of Dayton has opted out under R.C. 3743.45(C) - Dayton's codified ordinances state that 'no person shall discharge, ignite or explode any fireworks in this municipality' except by licensed exhibitors. Other Montgomery County jurisdictions have also opted out: Harrison Township banned discharge after the state law passed, and many surrounding cities (Kettering, Centerville, Oakwood, Miamisburg, Huber Heights, Vandalia, Trotwood, Riverside) have their own restrictions - residents must check the specific city or township resolution. Even where discharge is allowed, R.C. 3743.65 prohibits negligent discharge while intoxicated and discharge on another person's property without permission. Persons under 18 cannot handle or discharge fireworks and cannot be within 150 feet of an aerial discharge point.
Discharging consumer fireworks in violation of a Dayton, Montgomery County, or township opt-out is a misdemeanor under the local code and R.C. 3743.99 (penalties for chapter 3743 violations). Violation of R.C. 3743.65 (negligent discharge while intoxicated, or on another's property without permission) is a misdemeanor. Sale to a person under 18 is also prohibited. Causing a fire with illegal fireworks can be charged separately as arson or aggravated arson under R.C. 2909.02-2909.03 and creates civil liability for damages.
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See how Montgomery County's fireworks rules stack up against other locations.
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