Chapter 9.20
FIREWORKS
Sections:
9.20.020 Fireworks prohibited.
9.20.030 Administrative citation – Applicability.
9.20.040 Administrative citation – Issuance.
9.20.010 Definitions.
“Fireworks” as used in this chapter shall mean any and all combustible materials devised, formulated, compounded, or designed to ignite or explode and to create a visible or audible effect for the amusement or entertainment of any person, persons, or the public. “Fireworks” shall not include the following:
Flashlight composition used by photographers, dealers in photographic supplies or any person taking photographs; the discharge or firing of target pistols on a target range; the discharge of any guns or rifles in any gun club, at an outdoor target range; or toy pistol paper caps containing not more than twenty-five-one-hundredths grain explosive compound to each paper cap; or the discharge of any gun or rifle in the process of slaughtering livestock, or for humane purposes.
“Fireworks” as used in this chapter includes both “dangerous fireworks” and “safe and sane fireworks” as those terms are defined in Sections 12505 and 12529 of the Health and Safety Code of the State of California. (Ord. 1018 Sec. 1, 2017; Ord. 890 Sec. 1, 2008; Ord. 783 Sec. 18, 2001; Ord. 32 Sec. 1, 1965)
9.20.020 Fireworks prohibited.
(A) Except as otherwise provided in subsection (B) of this section, all fireworks classified “dangerous” or “safe and sane” are prohibited from being sold, used, stored, discharged, possessed, given away or provided to a minor in any location within the City at all times. Violation of any California statute governing the manufacture, transportation, distribution, use or possession of fireworks is also prohibited, and constitutes a violation of this section.
(B) Any property owner or person in control of property who allows a person to sell, use, store, discharge or possess fireworks, or provide fireworks to a minor, on the property owned by such person or under the person’s control, shall be in violation of this section, regardless of the person’s intent, knowledge or negligence, such violation being hereby declared a strict liability offense.
(C) Any minor 17 years of age or younger in violation of this section who at the time is not under any supervision from a guardian who sells, uses, or has discharged, or is in possession of, fireworks, legal guardians shall be responsible for their actions.
(D) The use, discharge, and possession of fireworks is not prohibited; provided, that fireworks are in compliance with a fireworks show permit that has been issued by the City’s Fire Chief, State Fire Marshal and/or Fire Code Official and that every person using, discharging and/or possessing fireworks maintains any license that may be required by the State Fire Marshal for such purposes. (Ord. 1018 Sec. 1, 2017; Ord. 890 Sec. 1, 2008; Ord. 783 Sec. 19, 2001; Ord. 32 Sec. 2, 1965)
9.20.030 Administrative citation – Applicability.
Violations of Section 9.20.020 shall be addressed through the issuance of administrative citations and penalties pursuant to the procedures set forth in Chapter 1.05, or by any legal remedies, criminal or civil, which may be pursued by the City to address any violation of the municipal code or applicable State codes pertaining to fireworks. Use of the administrative citation procedure set forth in Chapter 1.05 regarding fireworks violations shall be at the discretion of the City. (Ord. 1018 Sec. 1, 2017; Ord. 890 Sec. 1, 2008)
9.20.040 Administrative citation – Issuance.
(A) Code enforcement officers, peace officers, or building officials shall be considered enforcement officers as defined in Section 1.05.020(B). The City Council or City Manager may designate additional enforcement officers.
(B) Whenever an enforcement officer determines that a violation of Section 9.20.020 has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person responsible for the violation, for each violation found to have occurred.
(C) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $1,000 if the fireworks involved were “safe and sane” fireworks as defined in California Health and Safety Code Section 12529.
(D) Notwithstanding the general penalty provisions outlined in Sections 1.04.010 and 1.05.030, administrative citations issued for violations of Section 9.20.020 shall carry penalties of $2,000 if the fireworks involved are not “safe and sane” fireworks as defined in California Health and Safety Code Section 12529, including, but not limited to, fireworks that are “dangerous” within the meaning of California Health and Safety Code Section 12505. (Ord. 1018 Sec. 1, 2017; Ord. 890 Sec. 1, 2008)