Chapter 8.42


8.42.010    Definition.

8.42.020    Prohibition.

8.42.030    Enforcement officer.

8.42.040    Seizure.

8.42.050    Penalties.

8.42.010 Definition.

In this chapter, “fireworks” means a 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, rockets, Daygo bombs, M-80s, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, fireworks kits and firecrackers and any other fireworks included in the definition of fireworks found at California Health and Safety Code Section 12511. This term includes both “dangerous fireworks” as defined in California Health and Safety Code Section 12505 and “safe and sane fireworks” as defined in California Health and Safety Code Section 12529. (Ord. 2021-003 § 3, 2021)

8.42.020 Prohibition.

It is unlawful for any person to use, possess, ignite, discharge, explode, display for sale, offer for sale, store, or manufacture any fireworks in the city except:

A.    Snap caps and party poppers (classified by the State Fire Marshal as pyrotechnic devices).

B.    The possession, transport, sale, and use of red flares (highway fuses) as a warning device.

C.    Exempt fireworks as defined in California Health and Safety Code Section 12508.

D.    A public fireworks display event authorized by the city under a special event permit, if that special event permit also includes a permit for fireworks issued by the city or by the Contra Costa Fire Protection District under the California Fire Code. (Ord. 2021-003 § 3, 2021)

8.42.030 Enforcement officer.

The following city employees or agents are granted the authority to enforce this chapter: peace officers or code enforcement officers. (Ord. 2021-003 § 3, 2021)

8.42.040 Seizure.

Any peace officer or Contra Costa Fire District personnel may seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter and such fireworks determined to be illegal under this chapter may be destroyed if no appeal has been filed pursuant to the procedures set forth in Section 8.42.050 or such an appeal is ultimately resolved. (Ord. 2021-003 § 3, 2021)

8.42.050 Penalties.

The city may seek compliance with this chapter by any remedy allowed by law or Title 1, including but not limited to:

A.    Violation of this chapter is an infraction and punishable pursuant to Chapter 1.08.

B.    Violation of this chapter is subject to administrative citations pursuant to Chapter 1.10.

C.    Violation of this chapter is deemed a public nuisance pursuant to Chapter 8.02. (Ord. 2021-003 § 3, 2021)