Chapter 8.20
EXPLOSIVES
Sections:
8.20.010 Permit—Required for use of certain explosives.
8.20.020 Permit—Application— Issuance conditions— Revocation and suspension.
8.20.030 Definition—Fireworks.
8.20.010 Permit—Required for use of certain explosives.
It is declared unlawful for any person or persons to use or cause to be used or exploded any dynamite, giant, black or gun powder or other compound or mixture susceptible of explosive chemical reaction without first obtaining a permit from the City Council. (Amended during 1989 recodification; Ord. 34 § 1, 1926)
8.20.020 Permit—Application— Issuance conditions— Revocation and suspension.
A. Every applicant for a permit as provided in Section 8.20.010 shall file with the City Clerk an application, setting forth the particular location it is desired to use the explosive or explosives herein mentioned, together with the reason for such use and the time when the same will be used or exploded.
B. The City Council shall have full discretion in the granting of the application and may grant or refuse the same, and their judgment shall be final and conclusive.
C. The City Council may grant an application under this chapter under such terms and conditions as the Council deems proper and just, and the permit may be granted for any length of time the Council deems proper; provided, however, that the Council may, for proper cause, revoke or suspend any permit issued under this chapter for a violation of the terms of this chapter or the terms of the permit, after a hearing thereon. (Amended during 1989 recodification; Ord. 34 § 2, 1926)
8.20.030 Definition—Fireworks.
The most current adopted definitions set forth in State Fireworks Law (California Health and Safety Code Sections 12500 et seq.) will define terms used in this chapter unless otherwise defined in this code.
A. “Dangerous fireworks” includes all fireworks specified as such in Section 12505 of the California Health and Safety Code or any safe and sane firework altered in any manner that makes them more dangerous.
B. “Safe and sane fireworks” means any fireworks specified as such in Section 12529 of the California Health and Safety Code. (Ord. 1591 § 3, 2022)
8.20.040 Prohibition—General prohibition against possession, use, discharge, or display of dangerous fireworks.
No person shall possess, use, discharge, or display any dangerous fireworks within the City without a permit issued by the Fire Chief or their designee pursuant to Section 12640 of the California Health and Safety Code. (Ord. 1591 § 3, 2022)
8.20.050 Prohibition—General prohibition against possession, use, discharge, or display of safe and sane fireworks.
No person shall possess, use, discharge, or display any safe and sane fireworks within the City without a permit issued by the Fire Chief or their designee pursuant to Section 12640 of the California Health and Safety Code. (Ord. 1591 § 3, 2022)
8.20.060 Violation—Penalty.
A. Any person violating any provisions of this chapter or any of the provisions and conditions of the permit granted under this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment of the County Jail of San Mateo not exceeding six (6) months, or by both such fine and imprisonment.
B. Causing, permitting, adding, abetting, or concealing a violation of any provisions of this chapter and conditions of a permit granted under this chapter shall also constitute a violation.
C. The remedies provided by this section are cumulative and in addition to any other remedy provided under Federal, State, or local law including the State Fireworks Law. (Ord. 1591 § 3, 2022)