Chapter 8.45
FIREWORKS
Sections:
8.45.010 Findings and declarations.
8.45.060 Seizure and disposal.
8.45.090 Other laws or regulations confliction.
8.45.010 Findings and declarations.
A. The city council hereby makes the following findings regarding the city of Calimesa, located within the San Gorgonio Pass area of Riverside County, California. Historically, the area has an arid climate with an annual rainfall of 10 to 23 inches. However, the area has experienced below-average rain in recent years. The area is susceptible to hot weather during the year’s spring, summer, and fall seasons, with warm to hot, dry easterly Santa Ana winds that commonly occur in the area, contributing to drying out vegetation moisture and spreading wildland fires.
B. The city has always prohibited the personal use and sale of fireworks within the city. Persistent violations of this regulation continue, and the city has experienced fireworks-related fires. These fires have the potential to damage personal property and city property and threaten the public’s health, safety, and welfare.
C. The use, handling, and storage of fireworks are hazardous and pose a safety concern to the public’s health, safety, and welfare.
D. The city council declares fireworks constitute a fire hazard and threaten the public’s health, safety, and welfare. [Ord. 406 § 1, 2024; updated during 2008 recodification; Ord. 247U § 1, 2006.]
8.45.020 Definitions.
“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 that are helpful as pyrotechnic devices or for entertainment.
Fireworks include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, rockets, Daygo bombs, sparklers, chasers, fountains, smoke, aerial bombs, and fireworks classified as safe and sane.
“Fireworks display” means a fireworks presentation for a public or private gathering.
“Fireworks kit” means any assembly of materials or explosive substance designed and intended by the seller to be assembled by the person receiving such material or explosive substance and, when assembled, would come within the definition of fireworks.
“Responsible party” as defined in CMC 1.30.030, as supplemented by the following: in the event the person who commits the violation is a minor, then the minor’s parents or legal guardians shall be deemed the responsible party. [Ord. 406 § 1, 2024; Ord. 247U § 2, 2006.]
8.45.030 Prohibition.
A. No person shall possess any fireworks except for use as agricultural and wildlife fireworks or for use in a public or private fireworks display.
B. No person shall keep or store any fireworks except for use as agricultural and wildlife fireworks or in public or private fireworks displays.
C. No person shall use, shoot, discharge, set off, ignite, or explode any fireworks except for use as agricultural and wildlife fireworks or for use in a public or private fireworks display.
D. No person shall manufacture any fireworks.
E. No person shall sell, offer to sell, or give away any fireworks.
F. No person shall transport any fireworks except for use as agricultural and wildlife fireworks or in a public or private fireworks display. [Ord. 406 § 1, 2024; Ord. 247U § 3, 2006.]
8.45.040 Fireworks displays.
A. Permits are required to conduct a public or private fireworks display.
B. Fireworks display permit inquiries shall be made through the city of Calimesa’s community development department. [Ord. 406 § 1, 2024; Ord. 247U § 4, 2006.]
8.45.050 Exception.
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or signal or ceremonial purposes in athletics or sports or for use by military organizations. [Ord. 406 § 1, 2024; Ord. 247U § 5, 2006.]
8.45.060 Seizure and disposal.
A. The Calimesa fire chief and fire chief’s designee shall have the authority to seize, take, or remove any fireworks.
B. The Riverside County sheriff and sheriff’s designee shall have the authority to seize, take, or remove any fireworks. [Ord. 406 § 1, 2024; Ord. 247U § 6, 2006.]
8.45.070 Violations.
A. Any violation of this chapter is deemed a misdemeanor. In lieu of a misdemeanor, the city may treat the violation as an infraction. In addition to the imposition of penalties pursuant to California Health and Safety Code Sections 12700 through 12702 and any other remedies provided by state law, the city may enforce any violation of this chapter by civil action brought by the city against any responsible person, including but not limited to:
1. Administrative citations pursuant to Chapter 1.30 CMC.
2. Injunctive relief.
3. Nuisance abatement.
B. The city may recover of costs and attorney fees incurred in enforcing this chapter. [Ord. 406 § 1, 2024.]
8.45.080 Penalties.
Pursuant to California Health and Safety Code Section 12700, and notwithstanding any other provision in the municipal code, the penalty for a violation of this chapter shall be $1,000 for each violation. [Ord. 406 § 1, 2024; Ord. 247U § 7, 2006. Formerly 8.45.070.]
8.45.090 Other laws or regulations confliction.
Nothing in this chapter shall be intended to limit or conflict with any of the penalties provided for under the California Health and Safety Code, the California Penal Code, or other laws or regulations concerning the sale, use, possession, delivery and/or transportation of fireworks. [Ord. 406 § 1, 2024.]