It’s official: illegal fireworks use, possession comes with $1K fine and possible jail time in Greeley

By Trenton Sperry

The manufacture, sale, use or possession of illegal fireworks in Greeley now comes with a $1,000 fine if you’re caught, as well as the potential for jail time.

The Greeley City Council passed an ordinance on final reading to make that crime a misdemeanor offense rather than a misdemeanor infraction. Misdemeanor offenses in Greeley are punishable by jail time, although that’s generally rare for nonviolent crimes.

The city’s code defines illegal fireworks as anything that “explodes on the ground or in the air (skyrockets, bottle rockets, roman candles, aerial shells, firecrackers, etc).” Consumer fireworks that stay on the ground and combust – like fountains, sparklers, ground spinners and others with “low pyrotechnic composition” – are allowed.

The ordinance includes a “social host” component which enables police or fire officials to impose additional misdemeanor charges against anyone who “knowingly provides private property for the possession and use of illegal fireworks,” according to city docs. This facet of the ordinance was important, some council members said, to make it easier for police to enforce the law even though they may not personally witness the fireworks being set off.

Interim Police Chief Adam Turk said his department and Greeley Fire are planning a “massive” outreach campaign including press releases, social media posts and direct community contact to let people know police are serious about enforcement of the new rules.

“Some neighborhoods are worse than others,” Turk said, “and we’re proactively reaching out to those areas so it’s not a surprise for them.”

The ordinance brought before council included a provision that allowed anyone charged with an illegal fireworks violation for the first time to take a fire safety course offered by Greeley Fire, which would reduce the fine to $500. But at-large Councilman Ed Clark on Tuesday requested council remove that section from the ordinance.

“People already know they shouldn’t be caught playing with fireworks,” Clark said. “If we’re going to make it $1,000, let’s make it $1,000. I don’t like the idea of giving them a break.”

Clark’s amendment removing the fire safety class option passed 5-1, with Ward I Councilman Tommy Butler opposed and Mayor John Gates absent. The amended ordinance passed 6-0.

Butler noted immigration courts sometimes use the sizes of fines for crimes in deportation consideration. He asked City Attorney Doug Marek whether the $1,000 threshold for an illegal fireworks violation could potentially affect immigration proceedings. Marek said it’s his understanding that it would not.

The fine increase brings Greeley’s fine in line with surrounding cities on illegal fireworks. Fort Collins fines range from $1,000 to $3,000 and up to six months in jail. Loveland also fines illegal fireworks use at $1,000, or three days in jail if payment can’t be made immediately.