Fireworks: Regulation and control; penalties; exception

1. Except as otherwise provided in subsection 3, the board of county commissioners shall have power and jurisdiction in their respective counties to pass ordinances: (a) Prohibiting, restricting, suppressing or otherwise regulating the sale, use, storage and possession of fireworks; and (b) Providing for the imposition of criminal or civil penalties, or both, for the violation thereof. A civil penalty imposed pursuant to such an ordinance must not be: (1) In an amount less than $250 or more than $1,000 for a violation involving less than 100 pounds in gross weight of fireworks, including packaging; (2) In an amount less than $1,000 or more than $5,000 for a violation involving not less than 100 pounds or more than 5,000 pounds in gross weight of fireworks, including packaging; (3) In an amount less than $5,000 or more than $10,000 for a violation involving more than 5,000 pounds in gross weight of fireworks, including packaging; or (4) Imposed against a person who has been issued a license or permit pursuant to the ordinance. 2. An ordinance passed pursuant to subsection 1 must: (a) Provide that any license or permit that may be required for the sale of fireworks must be issued by the licensing authority for: (1) The county, if the fireworks are sold within the unincorporated areas of the county; or (2) A city located within the county, if the fireworks are sold within the jurisdiction of that city; and (b) Establish factors for determining the severity of any criminal penalty or any civil penalty within the limits contained in paragraph (b) of subsection 1 that take into account, without limitation, the number and severity of any previous violations. 3. An ordinance passed pursuant to subsection 1 must not apply to a child under the age of 18 years unless the child is emancipated.