Blue Lake Municipal Code Ch. 8.28 Discharge of Weapons and Fireworks Prohibited

A. Except as expressly permitted below in subsections B, C, and D, every person who discharges any firearm, BB gun, pellet gun, sling shot, air gun, bow and arrow, toy cannon, firecracker, or any other explosive (including fireworks and other pyrotechnics) within the corporate limits of the City of Blue Lake, is guilty of a misdemeanor.

B. Nothing in this section shall apply to the shooting or discharging of any gun, pistol, or other firearm by any police officer(s) or any other law enforcement agent in the discharge of his or her official duties nor to the discharge or shooting of firearms or blanks in any licensed shooting gallery, target or other gun or rifle range, athletic event, or any theatrical performance or exhibition.

C. Nothing in this section shall be deemed or construed to prohibit the furnishing, discharging, or possession of a BB gun, pellet gun, sling shot, air gun, or bow and arrow for the purposes of, and while actually engaged in, bona fide organized and supervised youth activity under the care and supervision of a competent adult.

D. Nothing in this section shall apply to the possession and discharge of legally obtained "Safe and Sane Fireworks" (as that term is defined in California Health and Safety Code Section 12529) by an adult during the period of 12:00 noon on June 28 through 12:00 noon on July 6 of the same calendar year for the purpose of celebrating the Fourth of July holiday, subject to the following restrictions:

1. It shall be unlawful for any person to discharge, project or otherwise fire or use any Safe and Sane Fireworks upon or over or onto the property of another without his or her consent or within twenty feet of any residence, dwelling or other structure used as a place of habitation;

2. It shall be unlawful to discharge, project or otherwise fire or use any Safe and Sane Fireworks on any City property, unless such property has been officially designated by the Fire Chief as a fireworks discharge area;

3. It shall be unlawful to discharge, project or otherwise fire or use any Safe and Sane Fireworks by a person under the influence of alcohol or other controlled substance;

4. It shall be unlawful to discharge, project or otherwise fire or use any Safe and Sane Fireworks between 10:00 p.m. and 12:00 noon; and

5. It shall be unlawful to discharge, project or otherwise fire or use any Safe and Sane Fireworks in violation of Part 2 of Division 11 of the California Health and Safety Code.

(Ord. 534 § 2, 2019)

In the discretion of the enforcement officer, any person who violates any provision of this chapter shall be guilty of either: (1) a misdemeanor and punishable by a fine not exceeding $100.00 or imprisonment not exceeding 20 days; or (2) an administrative fine as may be set by the Council by resolution from time to time.

(Ord. 534 § 2, 2019)