Article II — Brawley Fireworks Program

This chapter shall be administered by the Brawley Fire Department.

(Ord. No. 2015-02, § 2, 2-17-2015)

For the purposes of this chapter, the following definitions shall apply:

"City" means the city of Brawley.

"City clerk" means the city clerk of the city or the city clerk's designee.

"City manager" means the city manager of the city or the city manager's designee.

"Dangerous fireworks" means dangerous fireworks as defined in Health and Safety Code section 12505.

"Fire chief" means the fire chief of the city or the fire chief's designee.

"Fireworks sales permit" means a permit issued in accordance with article IV of this chapter.

"Fireworks stand" means a structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks.

"Fireworks wholesaler" means any person who sells fireworks to other persons for resale by such persons.

"Host" means a person who either:

Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or

Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

"Nonprofit organization" means any nonprofit association, charity or corporation organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes which is tax exempt pursuant to Internal Revenue Code section 501(c)3, 4, 6, 7, 8, 9, 10, 19, 23, or 26, that serves, in whole or in part, the residents of the city of Brawley; or any bona fide organization officially sanctioned by the Brawley Elementary School District or Brawley Union High School District that exists for the purpose of supporting extracurricular student activities.

"Police chief" means the police chief of the city or the police chief's designee.

"Qualified applicant" means any nonprofit organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a fireworks sales permit and which continues to meet the criteria for the duration of the fireworks sales permit:

The nonprofit organization must have a minimum bona fide membership of at least ten adult members who either reside in the city, are employed in the city or who are owners or operators of a business located in the city. The organization shall upon request provide documentation demonstrating the minimum bona fide membership to the satisfaction of the fire chief.

The nonprofit organization shall not have been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks, including this chapter within thirty-six months prior to the nonprofit organization's submittal of an application for a fireworks sales permit.

The nonprofit organization must not have had a permit to sell fireworks revoked by any jurisdiction within thirty-six months prior to the nonprofit organization's submittal of an application for a fireworks sales permit.

"Responsible person" means a person who causes a violation of this chapter to occur or who allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur or allows a violation to exist or continue, provided that:

There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and any lessee of a residential parcel, has notice of any violation existing on said property.

More than one person may be a responsible person for a single violation.

Any person, regardless of age, may be a responsible person. However, every parent, guardian or other person, having the legal care, custody or control of any minor person (defined as any person under eighteen years of age) is a responsible person for violations committed by such minor, in addition to the minor him or herself, if such parent, guardian or other person knows or reasonably should know that a minor is in violation of this chapter. There is a rebuttable presumption that any such parent, guardian or other person having the legal care custody or control of a minor person knows or reasonably should know whether such minor is in violation of this chapter.

"Safe and sane fireworks" means safe and sane fireworks as defined in Health and Safety Code sections 12529 and 12562.

(Ord. No. 2015-02, § 2, 2-17-2015;Ord. No. 2021-06, § 3, 6-1-2021)

(a)

Except as expressly permitted by this chapter, no person shall possess, sell, use, display or explode any "dangerous fireworks," or any "safe and sane fireworks," including, but not limited to, and rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatever name known, within the City of Brawley.

(b)

Any person who possesses, sells, uses, displays, or explodes any "dangerous fireworks" in the city limits of the City of Brawley without a valid permit issued pursuant to section 19H.6. of this chapter shall be guilty of a misdemeanor. The fire chief, fire marshal, or any peace officer may issue an administrative citation to any person who violates the foregoing in that officer's presence. An administrative citation issued pursuant to this section shall be processed pursuant to chapter 19F of the Brawley Municipal Code. The administrative fine that shall be imposed for a violation of the foregoing shall be one thousand dollars.

(c)

Any person who sells, uses, displays, or explodes any "safe and sane fireworks" within the city limits of the City of Brawley, except as expressly permitted by section 19H.10. and/or 19H.11. of this chapter is guilty of an infraction. The fire chief, fire marshal, or any peace officer may issue an administrative citation to any person who violates the foregoing in that officer's presence. An administrative citation issued pursuant to this section shall be processed pursuant to chapter 19F of the Brawley Municipal Code. The fines established in section 19F.3.(d) shall be imposed upon issuance of a citation for a violation of this section.

(d)

Any officer authorized to issue an administrative citation pursuant to this section, shall have the discretion to issue a criminal citation in lieu of an administrative citation.

(Ord. No. 2015-02, § 2, 2-17-2015; Ord. No. 2019-03, § 1, 10-1-2019)