CHAPTER 9.14
MANUFACTURE, SALE OR USE OF FIREWORKS PROHIBITED

Sections:

9.14.010    Prohibitions.

9.14.020    Exceptions.

9.14.030    Provisions to supplement state fireworks law.

9.14.040    Seizure of fireworks.

9.14.010 Prohibitions.

A.    The manufacture of fireworks, including safe and sane fireworks, or safe and sane and/or regulated fireworks is prohibited within the city.

B.    It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use, or ignite fireworks, safe and sane fireworks, or safe and sane and/or regulated fireworks within the city except as provided in this chapter.

C.    For the purposes of this chapter, the words and phrases “fireworks,” “safe and sane fireworks” and “safe and sane and/or regulated fireworks” shall have the meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the state of California. (Ord. C-1-09 §1(part), 2009).

9.14.020 Exceptions.

A.    Nothing in this chapter shall be construed as prohibiting the use of torpedoes, flares, or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; or the sale, discharge or displace of fireworks by permittees having a permit as hereinafter provided; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; and is used in compliance with Title 19 of the California Code of Regulations and the California Health and Safety Code, and is permitted by the local fire authority; or the transportation of fireworks from any point outside of the city to any other point outside of the city in the regular course of business so long as the fireworks are contained within their original packages or containers.

B.    Public displays of fireworks may be conducted by permit granted pursuant to Title 19 of the California Code of Regulations. Permit must be obtained from both the city and the fire district. (Ord. C-1-09 §1(part), 2009).

9.14.030 Provisions to supplement state fireworks law.

The provisions of this chapter shall supplement and be construed in harmony with the state fireworks law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California. (Ord. C-1-09 §1(part), 2009).

9.14.040 Seizure of fireworks.

The police chief, or his designee, shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter. (Ord. C-1-09 §1(part), 2009).