Chapter 8.48
FIREWORKS USE AND RESTRICTIONS
Sections:
8.48.020 Use of fireworks within the city limits.
8.48.030 Fireworks restrictions.
8.48.040 Violation of this chapter.
8.48.010 Definitions.
A. "Fireworks" means any device consisting of a combination of explosives and combustibles, set off to generate colored lights, smoke, and noise for amusement.
B. "Fire chief" means the fire chief or any authorized representative.
C. "Fire marshal" means the city fire marshal or his assistant.
D. "The state" for this chapter will mean the California Department of Forestry and Fire Protection. (Ord. 451 (part), 2011)
8.48.020 Use of fireworks within the city limits.
A. Fireworks will only be allowed on private property by the property owner. The use of public parks or other public areas will not be allowed.
B. Property owners must have a water hose or fire extinguisher present during the use of fireworks.
C. Adults must be in direct supervision anytime fireworks are used.
D. Fireworks debris must not be left in a way as to be declared a public nuisance. (Ord. 451 (part), 2011)
8.48.030 Fireworks restrictions.
A. Only fireworks labeled and approved by the California State Fire Marshal as safe and sane will be allowed to be owned, used, and sold.
B. Any fireworks that leave the ground are not permitted under this chapter.
C. Fireworks are to be placed on a noncombustible surface no more than three feet from the ground.
D. Fireworks shall not be used around combustible material or any flammable/combustible liquid and shall not be used within twenty-five feet of dry vegetation.
E. No person shall be under the influence of alcohol or mind altering drugs while using fireworks.
F. Any property owner that has a fire that is started by fireworks as a result of improper use or that is in violation of this chapter shall be responsible for any fines, penalties, damages, or injuries. (Ord. 451 (part), 2011)
8.48.040 Violation of this chapter.
A. Any persons found to be in violation of any part of this chapter are punishable in accordance with Chapter 1.16, 1.17, 1.18 or 1.19.
B. In addition to a citation/fine, persons in violation of this chapter may also be susceptible to civil suit for any use of fireworks that causes damage, injury, or loss of life.
C. Property owners shall be held responsible for safe use of fireworks, and shall hold harmless the city of Angels, its fire department, and its staff from any damages, injuries, or loss of life as a result of debris burning.
D. Persons in violation of fireworks offenses may not only be limited to this chapter. They may also be prosecuted for any violations of state or federal law. (Ord. 514 §3 (Att. G), 2021; Ord. 451 (part), 2011)
8.48.050 Appeals.
The property owner may appeal the decision of the enforcement officer to issue a citation/fine by sending a written appeal to the enforcement officer requesting a hearing with the fire chief within ten days of the notice. (Ord. 451 (part), 2011)
8.48.060 Hearing procedures.
A. The fire chief shall only consider evidence that is relevant to whether all or a portion of this chapter was violated.
B. The property owner contesting the citation shall be given the opportunity to testify and present witnesses and evidence.
C. The failure of any recipient of a citation to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of fines, and failure to exhaust administrative remedies.
D. The citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
E. If the enforcement officer submits additional written information concerning the citation for consideration of the appeal hearing, a copy of the written information shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.
F. At least five days prior to the appeal hearing, the recipient of a citation shall be provided a copy of the documents relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.
G. A hearing before the fire chief shall be set for a date that is not less than ten days and not more than twenty days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing. (Ord. 451 (part), 2011)
8.48.070 Decision on appeal.
A. After considering all the testimony and evidence submitted at the appeal hearing, the fire chief shall issue a written decision within seventy-two hours of the hearing upholding or denying the citation and shall list within the decision the reasons for that decision. The fire chief may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter.
B. The decision of the fire chief shall be final and shall be served by mail on the property owner within forty-eight hours. (Ord. 451 (part), 2011)