Banning Municipal Code Ch. 8.20 Fireworks

A. Pursuant to the provisions of Government Code §§ 36934 and 36937, the city council of the City of Banning has determined that the provisions contained herein are necessary for the immediate preservation of the public peace, health or safety within the incorporated areas of the city. This determination is based on the following facts and circumstances:

1. While the city has always prohibited the personal use and sale of any fireworks within the city, persistent violations of this regulation continue, and the city has experienced a number of fireworks-related fires in the recent past, which have caused damage to personal property and threatened the lives and property of City residents. Historically, the sale, purchase, use, storage and disposal of fireworks have reached serious proportions in the city, endangering the public safety of its citizens such that stronger penalties are needed. The personal use and sale of illegal fireworks in the city are an immediate threat to the public peace, health and safety.

2. Illegal fireworks are a serious concern in the city for several reasons. First, fireworks are frequently sold to children. According to the U.S. Fire Administration, children under the age of fifteen suffered forty-five percent of all injuries from fireworks in 2003. Second, fireworks are often stored without precautions in residential neighborhoods. In March 2006, in Los Angeles County, a cache of illegally stored fireworks destroyed a Lakewood Home when the fireworks erupted in a massive explosion that knocked the house off its foundation and damage several houses and cars nearby. Third, fireworks can be disassembled for the explosive powder they contain, to make bombs and other explosive devices. Fourth and finally, many fireworks come from Mexico where safety regulations for making fireworks are not as stringent as for those fireworks manufactured in the United States, or those approved by the Office of the California State Fire Marshal.

3. It is well evident that illegal fireworks lead to hazardous situations, injuries, personal property loss and fires, which jeopardize the safety of the public and increase the cost of fire protection and law enforcement. Moreover, in light of the city's geographical location, the city is subject to extreme fire hazards due to topography, chaparral type vegetation and hot, dry and windy summer conditions as well as hot, dry Santa Ana wind conditions, making illegal fireworks activities extremely dangerous to all citizens of the city, and not just to those possessing and using illegal fireworks.

4. In the past two years, the Banning police department has responded to two hundred sixty-five fireworks related calls for service. This number does not reflect the number of calls handled by the fire department or the contacts made for fireworks violations where incident numbers were not generated.

5. The number of fires caused by fireworks in Riverside County has steadily increased in recent years. In 2003, sixty-three fires in the County were caused by fireworks. The number rose to seventy fires in 2004 and seventy-nine fires in 2005.

6. Even with enforcement and prosecution, the personal sale and use of fireworks is extremely difficult for local authorities to deter since the current penalties and fines for these illegal activities are minimal. There is a very lucrative "black market" for fireworks, often making the sale and manufacturing of illegal fireworks profitable despite the current penalties allowed for under city ordinances. The seizure of illegal fireworks is further complicated as public safety agencies are not currently funded to cover the full cost of the transport, storage and disposal of illegal fireworks after they are confiscated.

7. Immediate action is needed to increase the penalties for the use, sale, transportation, and manufacturing of fireworks in the city, to deter the continued illegal activities and preserve the public peace, health, safety and welfare. The provisions of this chapter shall apply in all of the incorporated areas of the city.

(Ord. No. 1348, § 1.)

Whenever, in this chapter, or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended.

"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:

i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included;

ii. In caps and party poppers;

iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than fifteen percent (or six hundred milligrams) is potassium, sodium or barium chlorate;

iv. Gallates or Gallic acid;

v. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);

vi. Mercury salts;

vii. Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers);

viii. Picrates or picric acid;

ix. Thiocyanates;

x. Titanium (except in particle size greater than one hundred-mesh);

xi. 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 ten 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 part.

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, 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 shall mean 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" shall mean the fire chief of the County of Riverside, the designated fire chief of the city, or his authorized representatives.

"Fireworks" has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and shall mean 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 low explosive materials, 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 shall mean any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."

"Police chief" shall mean the chief of police of the City of Banning or his authorized representatives.

(Ord. No. 1348, § 2.)

A. General. No person shall have in his 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 12640-12654 of the California Health and Safety Code, and Article 78 of the Riverside County Fire Code (Riverside County Ordinance No. 787.2), the applicable provisions of which are adopted hereby by reference, and this chapter. A copy of Riverside County Ordinance No. 787.2 is attached to the ordinance codified in this chapter as Exhibit A, and is maintained on file in the city clerk's office.

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.

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. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator.

(Ord. No. 1348, § 3.)

A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief not less than fourteen 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 building, 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 City of Banning will require the permittee to provide proof of at least one-million dollars of liability insurance 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. No. 1348, § 4.)

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of 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. No. 1348, § 5.)

A. It shall be the duty of the fire chief and his authorized representatives and the police chief and his authorized representatives to enforce the provisions of this chapter.

B. The fire chief and his authorized representatives and the police chief and his authorized representatives shall have the authority to seize, take and remove any fireworks, dangerous fireworks and/or safe and sane fireworks. The fire chief and his authorized representatives and the police chief and his authorized representatives 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 are provided for in Riverside County Ordinance No. 725.9, the applicable provisions of which are adopted hereby by reference, and this chapter. A copy of Riverside County Ordinance No. 725.9 is attached to the ordinance codified in this chapter as Exhibit B, and shall be maintained on file in the city clerk's office.

(Ord. No. 1348, § 6.)

A. In the discretion of the enforcement officer, any person violating the provisions of this chapter may be issued an administrative citation pursuant to chapter 1.20, an infraction pursuant to section 1.28.030, or charged with a misdemeanor.

B. If a person is charged with a misdemeanor, upon conviction that person shall be punished by a fine not less than five hundred dollars and not more than one thousand dollars, or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment.

C. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars and by imprisonment in the county jail for one year.

D. A person is guilty of a separate offense for each and every day or portion thereof during which he commits, continues or permits a violation of this chapter.

E. 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.

(Ord. No. 1348, § 7.)

(Ord. No. 1521, § 2, 5-22-18)