Chapter 7.34


7.34.010    Definitions.

7.34.020    Compliance.

7.34.030    Prohibited--Exceptions.

7.34.040    Procedure for obtaining permit for public fireworks display.

7.34.050    County fire warden to investigate and report.

7.34.060    Bond and insurance.

7.34.070    Permit not transferable.

7.34.080    Seizure of unlawful fireworks.

7.34.090    Violation--Misdemeanor.

7.34.100    Additional remedies.

7.34.010 Definitions.

A.    "Agricultural and wildlife fireworks" means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

B.    "Emergency signaling device" means a pyrotechnic device designed and intended by the manufacturer to be used as such and which provides a reasonable degree of safety to the user and does not create a fire hazard when used according to the label of instructions.

C.    "Exempt fireworks" means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the planning commission in the same manner as set forth herein for public fireworks displays.

D.    "Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are used as pyrotechnic devices or for entertainment. "Fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs and fireworks.

E.    "Model rocket" means any toy or educational device which weighs not more than five hundred grams, including the engine and any payload, that is propelled by model rocket engines.

F.    "Model rocket engine" means a commercially manufactured, nonreusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user.

G.    "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks.

H.    "Pyrotechnic operator" means any licensed pyrotechnic operator who by examination, experience and training has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted by the State Fire Marshal.  (Ord. 593 §1(part), 1977).

7.34.020 Compliance.

No person shall manufacture, possess, sell, discharge, or make any display of fireworks in the unincorporated area of the county without complying with the provisions of the State Fireworks Law, being Sections 12500 through 12801, inclusive, of the Health and Safety Code of the state of California, and of this code.  (Ord. 593 §1(part), 1977).

7.34.030 Prohibited--Exceptions.

The manufacture, sale, use, discharge, or display of fireworks is prohibited with the following exceptions:

A.    The use by a railroad or other transportation agency of torpedoes, flares, fuses, or other devices for signal purposes or illumination;

B.    Blank cartridges for theatrical or ceremonial purposes, athletic events, or lawful military ceremonials or demonstrations;

C.    Public fireworks displays if they are conducted only by an adult person or any firm, copartnership, or corporation that has first obtained a permit from the State Fire Marshal in conformance with the provisions of Section 12600 through 12609, inclusive, of the Health and Safety Code and from the county as set forth in Section 7.34.040 of this code;

D.    Model rocketry, provided a permit has been obtained from the county fire warden in accordance with rules and regulations promulgated by him and in accordance with rules and regulations promulgated by the State Fire Marshal in the California Administrative Code;

E.    Agricultural and wildlife fireworks;

F.    Emergency signaling devices;

G.    Exempt fireworks;

H.    Manufacturing of fireworks by a manufacturer appropriately licensed by the state or federal government provided that the manufacturing operation is located in an M district and is approved by the county for safety and conformance with all relevant building and fire codes.  (Ord. 1108 §1, 1986; Ord. 593 §1(part), 1977).

7.34.040 Procedure for obtaining permit for public fireworks display.

A permit for a public fireworks display shall be obtained from the county pursuant to Chapter 19.56 of the Amador County Code and from the State Fire Marshal pursuant to Health and Safety Code 12575, 12576, or 12577.  (Ord. 593 §1(part), 1977).

7.34.050 County fire warden to investigate and report.

The county fire warden shall conduct an investigation into the permit applied for and shall submit to the planning commission a report of his findings and a recommendation for or against the issuance of the permit together with his reasons therefor.  (Ord. 593 §1(part), 1977).

7.34.060 Bond and insurance.

The county may require the applicant to provide a surety bond and/or public liability insurance of sufficient amount to cover possible losses caused by activities done pursuant to the permit.  (Ord. 593 §1(part), 1977).

7.34.070 Permit not transferable.

Any permit issued pursuant to this chapter shall not be transferable.  (Ord. 593 §1(part), 1977).

7.34.080 Seizure of unlawful fireworks.

Any peace officer or the fire warden shall seize, take, remove, or cause to be removed and arrange for the destruction at the expense of the owner of any fireworks offered or exposed for sale, stored, possessed or transported in violation of this code.  The owner of said fireworks may petition the county for return thereof and a hearing shall be held on said petition.  (Ord. 593 §1(part), 1977).

7.34.090 Violation--Misdemeanor.

Each violation of this chapter is a misdemeanor.  (Ord. 593 §1(part), 1977).

7.34.100 Additional remedies.

Notwithstanding the foregoing, the county may enjoin any violation or threatened violation of this chapter or pursue any other remedy which it may have in law or equity.  (Ord. 593 §1(part), 1977).