Consumer fireworks are prohibited within the City of Fort Smith. Although Arkansas state law (A.C.A. Section 20-22-701 et seq., the Arkansas Fireworks Law) permits the retail sale and use of consumer fireworks statewide from June 20 through July 10 and December 10 through January 5, A.C.A. Section 20-22-708 expressly preserves the authority of cities to ban or further restrict fireworks, and Fort Smith Municipal Code prohibits offering for sale, selling, or using any fireworks inside the city.
Arkansas state law - the Arkansas Fireworks Law at A.C.A. Sections 20-22-701 through 20-22-718 - establishes a permissive statewide regime: permissible fireworks (1.4G consumer-grade including Roman candles up to 10 balls and 20 grams of pyrotechnic composition each, sky rockets with sticks up to 20 grams, fountains, and similar items defined by A.C.A. Section 20-22-701) may be sold and used statewide from June 20 through July 10 (covering Independence Day) and from December 10 through January 5 (covering New Year's Eve). However, A.C.A. Section 20-22-708 expressly preserves municipal authority: 'Nothing in this subchapter shall be construed to take away the power of any city or town to regulate or prohibit the sale or use of fireworks.' Fort Smith has exercised that authority. The Fort Smith Municipal Code (Chapter 14 - Miscellaneous Provisions and Offenses, and historically the Fire Prevention chapter) prohibits any person from offering for sale, exposing for sale, selling at retail, keeping with intent to sell at retail, or using or exploding any fireworks within the city limits. The only exception is a supervised public display permit issued by the City Administrator after approval by both the Fort Smith Fire Marshal and the Arkansas State Fire Marshal, which is granted to municipalities, fair associations, amusement parks, and similar organizations under A.C.A. Section 20-22-702 (Public displays excepted). Possession of fireworks for personal use - even fireworks legally purchased in unincorporated Sebastian County or another permissive jurisdiction - violates the ordinance once the fireworks cross the Fort Smith city limit and are ignited.
Use, sale, or possession of fireworks within Fort Smith is a misdemeanor enforced by the Fort Smith Police Department and Fire Marshal. Under the Fort Smith Code general penalty (Section 1-9), fines run up to $500 per offense with up to 30 days in jail, and the fireworks may be confiscated. Each separate firework discharged may be a separate offense. Causing a fire by discharging fireworks may also trigger arson or reckless burning liability under A.C.A. Section 5-38-301 or Section 5-38-302 (Class D felony for $1,000-plus damage). Public display permits issued without the local and state Fire Marshal approvals are void.
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