Chapter 8.52
FIREWORKS
Sections:
8.52.010 Statement of purpose and intent.
8.52.060 Seizure and disposal.
Prior legislation: Ords. 712 and 1056.
8.52.010 Statement of purpose and intent.
The City Council of the City of Lake Elsinore has determined that the provisions contained in this chapter are necessary for the immediate preservation of the public peace, health, or safety within the incorporated areas of the City of Lake Elsinore. Illegal fireworks are a serious concern in the City for several reasons. First, fireworks are sold to children. The U.S. Fire Administration has recently determined that children under the age of 15 suffered 45 percent of all injuries from fireworks. Second, fireworks are often stored without safety precautions in residential neighborhoods. Third, fireworks can be disassembled for the explosive powder they contain to make bombs and other explosive devices. Fourth and finally, fireworks often come from countries where safety regulations for making fireworks are not as stringent as those for fireworks manufactured in the United States. Accordingly, the adoption of this chapter regulating the personal use and sale of illegal fireworks in the City is necessary to protect the public peace, health and safety of the citizens of the City of Lake Elsinore. [Ord. 1214 § 1, 2007].
8.52.020 Definitions.
As used in this chapter, the following terms shall have the meanings set forth herein:
“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.
“Dangerous fireworks” has the same meaning ascribed to it under Section 12505 of the California Health and Safety Code and includes all of the following:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites;
b. Boron;
c. Chlorates, except:
(1) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included;
(2) In caps and party poppers;
(3) In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate;
d. Gallates or gallic acid;
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);
f. Mercury salts;
g. Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers);
h. Picrates or picric acid;
i. Thiocyanates;
j. Titanium, except in particle size greater than 100-mesh;
k. Zirconium;
2. Firecrackers;
3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge;
4. Roman candles, including all devices which discharge balls of fire into the air;
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge;
6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter;
7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, autofoolers, cigarette loads, exploding golf balls, and trick matches;
8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter;
9. Torpedoes of all kinds which explode on impact;
10. Fireworks kits;
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
“Exempt fireworks” has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and 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 authority having jurisdiction.
“Fire Chief” or “Chief” means the Fire Chief of the City of Lake Elsinore or his or her authorized representatives.
“Fireworks” has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and 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 useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.
“Fireworks kits” has the same meaning ascribed to it under Section 12512 of the California Health and Safety Code and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled, would come within the definition of “fireworks.”
“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 dangerous fireworks.
“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.
“Pyrotechnic special effects material” means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the Chief is required for use or storage.
“Safe and sane fireworks” has the same meaning ascribed to it under Section 12529 of the California Health and Safety Code and means any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks.”
“Sheriff” means the acting Police Chief for the City of Lake Elsinore, or his or her authorized representatives. [Ord. 1214 § 1, 2007].
8.52.030 Prohibition.
A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640 through 12654 of the California Health and Safety Code, the Uniform Fire Code and this chapter. Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks on the property owned by such person or under such person’s control shall be in violation of this section, irrespective of such person’s intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and State regulations by the Fire Chief and the Sheriff.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief and the Sheriff. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator. [Ord. 1214 § 1, 2007].
8.52.040 Displays.
A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the Fire Chief and the Sheriff not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus.
B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief and the Sheriff for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. [Ord. 1214 § 1, 2007].
8.52.050 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 for signal or ceremonial purposes in athletics or sports or for use by military organizations. [Ord. 1214 § 1, 2007].
8.52.060 Seizure and disposal.
A. It shall be the duty of the Fire Chief and his or her authorized representatives and the Sheriff and his or her authorized representatives to enforce the provisions of this chapter.
B. The Fire Chief and his or her authorized representatives and the Sheriff and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief and his or her authorized representative and the Sheriff and his or her authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.
C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in the Lake Elsinore Municipal Code are incorporated in this chapter by reference. [Ord. 1214 § 1, 2007].
8.52.070 Penalties.
A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $500.00 and not more than $1,000, or by imprisonment in the County jail for a term not exceeding one year, or by both such fine and imprisonment.
B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the County jail for one year.
C. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.
D. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks.
E. In addition to the above penalties, an administrative citation may be issued in accordance with Chapter 1.20 LEMC. Violations of this chapter are subject to a fine of $1,000, unless otherwise provided by resolution. [Ord. 1214 § 1, 2007].