North Dakota fireworks law sits in NDCC Chapter 23-15. Retail sale of consumer fireworks is permitted only June 27 through July 5 and December 26 through January 1 (NDCC 23-15-01), and only to individuals at least 12 years old. Cass County imposes burn restrictions - including a fireworks ban - whenever the North Dakota Rangeland Fire Danger Rating reaches High, Very High, or Extreme, or when the National Weather Service issues a Red Flag Warning. Violating a Cass County burn ban is a Class B misdemeanor under NDCC 37-17.1-10.1.
Statewide rules come from NDCC Chapter 23-15. Under NDCC 23-15-01, licensed retailers may sell consumer fireworks only during the periods June 27 through July 5 and December 26 through January 1, and only to buyers at least 12 years old. Cities and counties may further restrict use within their jurisdictions; many North Dakota cities prohibit fireworks within city limits while allowing sales. In Cass County, the County Commission and Sheriff issue burn restrictions automatically when the North Dakota Rangeland Fire Danger Rating for Cass County is classified High, Very High, or Extreme, and/or when the National Weather Service issues a Red Flag Warning. While the burn ban is in effect, all open burning is prohibited, including campfires, controlled burns, cropland or agricultural burning, and the use of fireworks - both aerial and ground-based. Limited exceptions exist for gas stoves, charcoal/gas/wood-fired grills, and outdoor fireplaces when placed on hard surfaces at least 15 feet from vegetation with water and extinguishers available. Violations of a Cass County burn restriction are a Class B misdemeanor under NDCC 37-17.1-10.1, punishable by up to 30 days in jail and a fine of up to $1,500. Residents should check the daily fire danger map at ndresponse.gov/burn before any outdoor burning or fireworks use. Inside Fargo and West Fargo, city ordinances generally prohibit fireworks year-round within city limits regardless of state sale dates.
Use of fireworks during a Cass County burn ban or in violation of NDCC Chapter 23-15 is a Class B misdemeanor under NDCC 37-17.1-10.1, with maximum penalties of 30 days in jail and a $1,500 fine. Selling fireworks outside the statutory windows or to buyers under 12 violates NDCC 23-15-01 and can lead to license revocation. Causing a wildfire while violating a fire ban can produce additional civil and criminal liability.
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