State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1250

28-1250. Fireworks;prohibited acts; violations; penalties;license suspension, cancellation, or revocation; appeal.(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licenseddistributor or jobber, theState Fire Marshal may suspend, cancel, or revoke the license for up to threeyears. The suspension, cancellation, or revocation shall become effectiveupon the failure to timely appeal the decision under the Administrative ProcedureAct or upon an order of the Nebraska Fire Safety Appeals Board upholding thedecision pursuant to a hearing under the Administrative Procedure Act.(2) It shall be unlawful for any person, association, partnership,limited liability company, or corporation to have in his, her, or its possessionany fireworks in violation of any of the provisions of sections 28-1244to 28-1249. If any person shall have in his, her, or its possessionany fireworks in violation of such sections, a warrant may be issued for theseizure of such fireworks and when the warrant is executed by the seizureof such fireworks, such fireworks shall be safely kept by the magistrate tobe used as evidence. Upon conviction of the offender, the fireworks shallbe destroyed, but if the offender is discharged, the fireworks shall be returnedto the person in whose possession they were found. Nothing in such sectionsshall apply to the transportation of fireworks by regulated carriers. SourceLaws 1977, LB 38, § 282; Laws 1993, LB 121, § 183; Laws 2010, LB880, § 9.Operative Date: October 1, 2010 Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1250

28-1250. Fireworks;prohibited acts; violations; penalties;license suspension, cancellation, or revocation; appeal.(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licenseddistributor or jobber, theState Fire Marshal may suspend, cancel, or revoke the license for up to threeyears. The suspension, cancellation, or revocation shall become effectiveupon the failure to timely appeal the decision under the Administrative ProcedureAct or upon an order of the Nebraska Fire Safety Appeals Board upholding thedecision pursuant to a hearing under the Administrative Procedure Act.(2) It shall be unlawful for any person, association, partnership,limited liability company, or corporation to have in his, her, or its possessionany fireworks in violation of any of the provisions of sections 28-1244to 28-1249. If any person shall have in his, her, or its possessionany fireworks in violation of such sections, a warrant may be issued for theseizure of such fireworks and when the warrant is executed by the seizureof such fireworks, such fireworks shall be safely kept by the magistrate tobe used as evidence. Upon conviction of the offender, the fireworks shallbe destroyed, but if the offender is discharged, the fireworks shall be returnedto the person in whose possession they were found. Nothing in such sectionsshall apply to the transportation of fireworks by regulated carriers. SourceLaws 1977, LB 38, § 282; Laws 1993, LB 121, § 183; Laws 2010, LB880, § 9.Operative Date: October 1, 2010 Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1250

28-1250. Fireworks;prohibited acts; violations; penalties;license suspension, cancellation, or revocation; appeal.(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licenseddistributor or jobber, theState Fire Marshal may suspend, cancel, or revoke the license for up to threeyears. The suspension, cancellation, or revocation shall become effectiveupon the failure to timely appeal the decision under the Administrative ProcedureAct or upon an order of the Nebraska Fire Safety Appeals Board upholding thedecision pursuant to a hearing under the Administrative Procedure Act.(2) It shall be unlawful for any person, association, partnership,limited liability company, or corporation to have in his, her, or its possessionany fireworks in violation of any of the provisions of sections 28-1244to 28-1249. If any person shall have in his, her, or its possessionany fireworks in violation of such sections, a warrant may be issued for theseizure of such fireworks and when the warrant is executed by the seizureof such fireworks, such fireworks shall be safely kept by the magistrate tobe used as evidence. Upon conviction of the offender, the fireworks shallbe destroyed, but if the offender is discharged, the fireworks shall be returnedto the person in whose possession they were found. Nothing in such sectionsshall apply to the transportation of fireworks by regulated carriers. SourceLaws 1977, LB 38, § 282; Laws 1993, LB 121, § 183; Laws 2010, LB880, § 9.Operative Date: October 1, 2010 Cross ReferencesAdministrative Procedure Act, see section 84-920.