Butte County Municipal Code Ch. 38 Fireworks

This chapter may be cited and referred to as the Fireworks Ordinance of the County of Butte.

(Ord. No. 2528, § 1, 6-3-86)

The use and discharge of fireworks within the county presents a serious hazard to the health, welfare and safety of residences of the county. This hazard is most pronounced during the Fourth of July seasonal celebration.

Local fire hazard conditions and fire suppression problems require that the use and discharge of fireworks be prohibited within the county. In order to effectively prohibit the use and discharge of fireworks, it is necessary to prohibit the sale of fireworks. If fireworks are readily available with the county, any prohibition on the use of fireworks will be largely ineffective without a massive policing effort. The cost of such policing effort is prohibitive to produce such a massive policing effort are largely unavailable during the Fourth of July seasonal celebration.

(Ord. No. 2528, § 1, 6-3-86)

"Chief" is the chief officer of the Butte County Fire Department, or his/her authorized representative.

"Fireworks" is any combustible or explosive composition, or any substance or combination of substances or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance; except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five one-hundredths (0.25) of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

(Ord. No. 2528, § 1, 6-3-86)

(a) The manufacture of fireworks within the jurisdictional area is prohibited except under special permits as are required by local and state regulations.

(b) Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks in the unincorporated area of the county, provided that the chief shall have power to adopt reasonable public displays of fireworks by a jurisdiction, fair association, amusement park, other organizations or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the chief and shall be of character and so located, discharged or fired so as in the opinion of the chief, after proper investigation, not to be hazardous to property or endanger any person(s).

(c) Applications for permits shall be made in writing at least ten (10) days in advance of the date of the display. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(Ord. No. 2528, § 1, 6-3-86)

The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the chief for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, his agents, employees or subcontractors.

(Ord. No. 2528, § 1, 6-3-86)

Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining.

(Ord. No. 2528, § 1, 6-3-86)

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 the 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. 2528, § 1, 6-3-86)

The chief shall seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter.

(Ord. No. 2528, § 1, 6-3-86)

(a) Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not to exceed the amount of one thousand dollars ($1,000.00) or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment.

(b) Notwithstanding subsection (a) of this section, violations of this chapter may be charged as infractions, and if so charged, shall be punishable by the following fines, pursuant to section 25132 of the Government Code:

(1) A fine not exceeding one hundred dollars ($100.00) plus penalty assessment for a first violation.

(2) A fine not exceeding two hundred dollars ($200.00) plus penalty assessment for a second violation within one (1) year.

(3) A fine not exceeding five hundred dollars ($500.00) plus penalty assessment for each additional violation within one (1) year.

(Ord. No. 2528, § 1, 6-3-86; Ord. No. 3936, § 3, 6-13-06)