Calexico Municipal Code Ch. 15.24 Fireworks

The following words and phrases, as used in this chapter, are defined as follows:

A. "Affiliated organizations," for purposes of this chapter, means one of the following:

1. Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;

2. Organizations sharing the same officers and/or place of meetings and/or national parent organization;

3. Subdivisions and/or fractional divisions however named or delineated of organizations; or

4. Suborganizations, one of whose primary purpose is to provide financial and/or manpower support to a parent nonprofit organization.

B. "Citation" means an administrative citation issued pursuant to this chapter to remedy a violation.

C. "Citee" means any person served with an administrative citation charging him or her as a responsible person for violation.

D. "City" means the City of Calexico.

E. "City manager" means the city manager of the city of Calexico or his or her designee.

F. "Code" means the city of Calexico Municipal Code.

G. "Code enforcement officer (CEO)" means any employee or agent of the city of Calexico designated by the city manager to enforce any provision of this Code.

H. "Dangerous fireworks" shall have the same meaning as set forth in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Chapter 6 of Division 1 of Title 19 of the California Code of Regulations, as amended from time to time.

I. "Director" means the city manager or his or her designee.

J. "Fire chief" means the fire chief of the city of Calexico or his or her designee.

K. "Fireworks stand" or "temporary fireworks stand" or "temporary stand" means any building, counter, or other structure of a temporary nature, and in compliance with this Code, used in the sale, offering for sale, or display for sale of "safe and sane fireworks."

L. "Fireworks wholesaler" means any person, other than an importer, exporter or manufacturer, who purchases fireworks from a manufacturer, importer or exporter for resale to a retailer or any other person for resale; or, any person who sells fireworks to other wholesalers or retailers for resale.

M. "Hearing officer" means the person appointed by the city manager to serve as the hearing officer for administrative hearings as provided in this chapter.

N. "Issuance" or "issued" means any of the following:

1. The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure; or

2. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the county assessor; or

3. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:

a. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left; or

b. In the event the responsible party cannot be served by first class mail, postage prepaid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage prepaid, to the responsible party in violation at the address of the property where the violation exists.

O. "Nonprofit organization" shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment, religious, athletic or charitable purposes pursuant to the Internal Revenue Code or California Revenue and Taxation Code, or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high or high school or school district that serves, in whole or in part, the residents of the city of Calexico or public or private community college, college or university which is located within the boundaries of the city of Calexico.

P. "Person" means a natural person or a legal entity that is an owner, tenant, lessee or other person with any right to possession or control of the property where a violation of this code occurred.

Q. "Principal and permanent meeting place" shall include, but is not limited to, a permanent structure, playing field, geographic area or service population which resides in or is located within the jurisdictional limits of the city of Calexico.

R. "Public display of fireworks" shall mean an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including, but not limited to, those defined in this chapter.

S. "Qualified applicants" shall mean any group or organization that meets all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell as required by this chapter and which continues to meet the criteria for the duration of any permit to sell issued by the city of Calexico pursuant to this chapter:

1. The group or organization shall be a Nonprofit organization as defined in this chapter;

2. The group or organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youth development or charitable purposes;

3. The group or organization must have its principal and permanent meeting place within the city of Calexico;

4. The group or organization must be one which provides direct and regular community services and benefits to the residents of the city, including, but not limited to, civic pride or betterment, youth activities and programs, care or assistance to the elderly, infirm or disabled, assistance to or support of the business community, and charitable efforts;

5. The group or organization has a minimum bona fide membership of twenty members who either reside in the city of Calexico, are employed in the city of Calexico, or are owners or operators of a business or other establishment located in the city of Calexico;

6. The group or organization has not 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 within twenty-four calendar months prior to the organization's submittal of an application for a permit to sell; and

7. The group or organization has not had a permit to sell revoked within twenty-four months prior to the organization's submittal of an application for a permit to sell.

T. "Safe and sane fireworks" or "state-approved fireworks" shall have the same meaning as set forth in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Chapter 6 of Division 1 of Title 19 of the California Code of Regulations, as amended from time to time.

U. "Violation" or "violates" refers to any violation of any provision of this chapter.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode any "dangerous fireworks" including, but not limited to, any 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 whatsoever name known, or any altered "safe and sane fireworks" within the city of Calexico.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of "dangerous fireworks" (including a public display) or any use of special effects without having first obtained a permit from the fire chief as provided in this chapter.

The fire chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the California Health and Safety Code, as amended from time to time, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by Section 12527 of the California Health and Safety Code, as amended from time to time) in accordance with a city-issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.

Every application for permit to conduct a public display of fireworks shall be accompanied by a nonrefundable fee as established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by the city council. Every applicant shall agree to hold the city of Calexico, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

Any person, firm or corporation applying for a public display permit under this chapter shall furnish to the fire chief proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the permittee or his/her/its agents, servants, employees or subcontractors presenting such public display.

No permit shall be issued until the permittee furnishes the fire chief with a "certificate of insurance" for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the "city of Calexico" as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, thirty days' notice of cancellation upon the city clerk for the city of Calexico. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this chapter shall be made to the city before any such revoked permit may be reinstated.

In addition, the permit shall require the permittee to defend and indemnify the city and hold the city and its agents and officers harmless against any liability occurring from the public display, use, handling or transportation of fireworks. The indemnification language will be included as one of the conditions of approval on the permit provided by the city.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

The decision of the fire chief in acting on an application for a permit to conduct a public display of fireworks in accordance with the provisions of this chapter shall be subject to an appeal by the applicant to the city manager. Notice of such appeal shall be filed with the city manager within ten days after the date of the decision regarding such fireworks permit. Upon failure to file such notice within the ten-day period, the action of the fire chief shall be final and conclusive. The applicant may appeal the decision of the city manager to the city council by filing a notice of appeal with the city clerk within ten days after the date of the city manager's decision. Upon failure to file such a notice within the ten-day period, the action of the city manager shall be final and conclusive.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

Safe and sane fireworks or state-approved fireworks may be sold or discharged during the time period beginning at twelve noon on June 28 and ending at ten p.m. on July 5 of that same year, and as further provided in Section 15.24.120.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

It shall be unlawful for any person to sell safe and sane fireworks within the city without having first applied for and received a permit to sell safe and sane fireworks from the city.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. No more than one application per nonprofit organization shall be submitted for a permit to sell safe and sane fireworks within the city. If more than one application is submitted by or on behalf of any nonprofit organization, including an affiliated organization, all such requests shall be voidable at the discretion of the city manager. If a question arises as to whether organizations or groups are affiliated, the city council shall have ultimate authority to decide said question. Any attempt to transfer an application shall void any and all applications filed by or on behalf of both the transferor/nonprofit organization and the transferee/nonprofit organization.

B. All applications for permits to sell safe and sane fireworks shall be in writing to the city clerk on forms supplied by the city. Applications may be filed beginning March 1 of each year up to and including March 31 of the same year, at which time the filing period for that year will be closed. The permit fee established by resolution of the city council shall be submitted with the application.

The application shall be accompanied by all documentation required by the city manager and shall include, but not be limited to, the following:

1. A written statement by the applicant that the applicant shall, at the time of receipt of a permit, deliver to the city a certificate and endorsement evidencing an occurrence-based policy of insurance naming the "City of Calexico" as an additional insured thereunder, with the following minimum limits: one million dollars public liability and property damage; and general aggregate coverage of two million dollars. No policy will be acceptable which contains a provision allowing a deductible amount.

2. Proof that the applicant nonprofit organization has met the definition and requirements set forth in Section 15.24.010(O) and (S).

3. Documentation demonstrating current tax-exempt status.

4. A written statement describing the benefits the organization provides the community.

5. A written statement by the applicant agreeing to defend and indemnify the city and hold the city and its agents and officers harmless against any liability occurring from the sale, storage, use, handling or transportation of fireworks. The indemnification language will be included as one of the conditions of approval on the permit provided by the city.

6. Any further documents as required by this chapter.

C. The applications shall be signed by an authorized officer or director of the nonprofit organization who shall warrant to the city of Calexico the veracity of all statements contained therein. If any material statement in the application is determined by the city manager to be false or misleading, the city manager may forthwith revoke the permit issued by the city council.

D. Within ten days of filing, the city manager shall review all applications for sufficiency and completeness, and notify applicant of any defects, disqualifying factors or omissions. All applications and required accompanying documentation shall be in final form and shall be filed with the city clerk by five p.m. on March 31 of each year. The city manager shall not be required to accept additional documentation after March 31, but may request information clarifying or additionally explaining the applicant's proposal.

E. All nonprofit organizations meeting the requirements for a permit under this section shall be prequalified by the city manager provided they comply with all other provisions of the Calexico Municipal Code and provisions of this chapter.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

If the deadline for submitting any type of application, payment of any administrative fine, filing of a notice of appeal, or such other document as called for within this chapter falls on a day City Hall is closed, the deadline shall automatically be extended to the close of business of the next day City Hall is open.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. The city council shall, in its sole discretion, determine the nonprofit organizations to which permits will be granted in accordance with this chapter. Such determination shall be made at a regular or special meeting of the city council in accordance with procedures established by the city council.

B. The city council may, but shall not be required to, issue up to five permits for the sale of fireworks in the city of Calexico. Each permit issued pursuant to this chapter shall allow for no more than one temporary fireworks stand.

C. In determining the nonprofit organizations to be permitted, the city council shall consider the following factors:

1. Only nonprofit organizations prequalified by the city manager pursuant to Section 15.24.080 shall be considered;

2. The contributions the nonprofit organization has made or is proposing to make to the city of Calexico's civic pride or betterment, youth activities and programs, care or assistance to the elderly, infirm or disabled, assistance to or support of the business community, charitable efforts and other community contributions deemed beneficial by the city council;

3. The location and suitability of the premises where the organization proposes to operate the temporary fireworks stand; and

4. Other factors deemed appropriate by the city council.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. If a nonprofit organization is selected by the city council to be granted a permit to sell fireworks pursuant to this chapter, prior to issuance of said permit, and in addition to those other requirements set forth in this chapter or on the permit application; in order for a permit to be issued, a qualified nonprofit organization shall demonstrate compliance with all of the following:

1. On a form provided by the city, set forth the proposed location of the fireworks stand; the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored at such location; and written permission from the owner of record, lessor, or management company of the property upon which said fireworks stand is proposed to be located;

2. A copy of the requisite retail sales permit issued by the office of the California State Fire Marshal;

3. Evidence of a temporary sales tax permit from the California State Board of Equalization;

4. Throughout the term of a permit issued pursuant to this chapter, each permittee shall pay for and maintain in full force and effect policies of insurance in a form and amount and with coverage types required by the city. The policies of insurance shall name the city, its officers, officials, agents, and employees as additional insureds;

5. The permit shall require the permittee to defend and indemnify the city and hold the city and its agents and officers harmless against any liability occurring from the sale, storage, use, handling or transportation of fireworks. The indemnification language will be included as one of the conditions of approval on the permit provided by the city; and

6. Approved temporary fireworks stand plan in accordance with Section 15.24.130.

B. The continued validity of any city permit issued pursuant to this chapter shall be subject to the requirement that at least one or more representatives of each nonprofit organization shall attend a safe and sane fireworks stand operator safety seminar conducted by the fire department of the city and the licensed fireworks wholesaler that is supplying the safe and sane fireworks to the nonprofit organization. The failure of a nonprofit organization to have a responsible individual(s) attend the safety seminar may result in the revocation of its permit to sell safe and sane fireworks.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. No person shall knowingly sell fireworks to any person under the age of eighteen. Proof that the temporary fireworks stand operator demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this chapter shall be a defense for any proceedings for suspension or revocation of its safe and sane fireworks permit or any criminal proceedings for violations of this chapter. For purposes of this section, bona fide evidence of age and identity of purchaser shall mean a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser, including, but not limited to, a valid California driver's license or identification card issued to a member of the Armed Forces.

B. The sale of "safe and sane fireworks" shall begin no earlier than twelve noon on June 28 and shall end at ten p.m. on July 5 of the same year. The sale of safe and sane fireworks shall be permitted only from twelve noon to ten p.m. on June 28 and from nine a.m. to ten p.m., daily, on June 29 through July 5 of the same year.

C. No person other than the individuals who are members of the permittee or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of safe and sane fireworks at such stand.

D. No person under the age of eighteen shall sell or participate in the sale of safe and sane fireworks.

E. No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of safe and sane fireworks for selling or otherwise participating in the sale of safe and sane fireworks at such stand; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property. The city manager may revoke the permit or local business license of any fireworks wholesaler/distributor violating the terms of this section as set forth in Section 15.24.160.

F. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the fire chief.

G. When the temporary stand is not being used for sale and/or display of fireworks, a reinforced, heavy metal, fully-enclosed container, similar to a SAWDOC, walk-in type drop box, or its equivalent, as approved by the fire chief may be used to store fireworks.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

All retail sales of safe and sane fireworks permitted under this chapter shall be from within a temporary fireworks stand as authorized by this Code, and the retail sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.

Temporary fireworks stands shall be capable of resisting wind loads without collapsing, sliding, or overturning. Such temporary stands shall be installed in conformance with the recommendation of a licensed civil engineer, structural engineer, or architect. A plan showing the recommended installation requirements shall be subject to the review and approval of the director of the community development department of the city. The plan shall be approved by the director of the community development department and the fire chief prior to the issuance of a permit and installation of the temporary stand. Temporary stands shall comply with all applicable local, state and federal laws, statutes, ordinances, codes and regulations.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. All unsold stock of fireworks of the permittee after ten p.m. on the fifth day of July shall be returned to the wholesaler/distributor and removed from the city of Calexico by five p.m. on July 15 of the same year. On closing of the safe and sane fireworks temporary stand, all litter shall be removed from the premises.

B. Each safe and sane fireworks temporary stand must post its city permit to sell safe and sane fireworks, its temporary sales tax permit from the California State Board of Equalization, its state fire marshal retail sales permit, and proof of their required insurance in a prominent place inside the safe and sane fireworks temporary stand.

C. Prior to commencing the sale of safe and sane fireworks, all weeds and combustible material shall be cleared from the location of the temporary stand, including a distance of at least twenty-five feet surrounding the temporary stand.

D. "No Smoking" signs shall be prominently displayed on the temporary fireworks stand.

E. Each temporary stand must have an adult watchman in attendance and in charge thereof when the temporary stand is being used for sale or dispensing of fireworks.

F. No fuel-powered generator or similar equipment shall be allowed within fifty feet of a temporary fireworks stand.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

On or before September 1 of any year authorized pursuant to a permit, the permittee shall submit to the city clerk a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee; all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and to whom and for what purpose the net proceeds were or will be disbursed, along with the most recent report filed by the permittee to the state board of equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent permit.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. The fire chief may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the provisions in Section 15.24.120(A) trough (G), inclusive. If the revocation occurs between June 22 and July 5, the fire chief shall inform the permittee that the permittee may seek review of the fire chief's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of Subsection (B) shall apply.

B. The fire chief may revoke the permit of any permittee who violates any provision of this chapter not specified in Subsection (A). Such revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager shall be final.

C. Any permittee whose permit has been revoked, pursuant to Subsection (A) or (B) hereof, shall be barred from receiving a permit under this chapter for up to five years from the date of revocation.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. It shall be unlawful to discharge any safe and sane fireworks, except during the hours of nine a.m. to eleven p.m. on June 28 through July 5 of the same calendar year.

B. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any safe and sane fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without consent of the record owner or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge, explode, fire or set off any dangerous fireworks, at any time. It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person over eighteen years of age and during the hours and on the days permitted by Section 15.24.170.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

Wholesale storage of safe and sane fireworks by fireworks wholesalers licensed by the office of the California State Fire Marshal shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition, and can be stored year-round in the city by a fireworks wholesaler licensed by the office of the California State Fire Marshal so long as said fireworks wholesaler has not been found to be in violation of the terms of this chapter.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

The fire chief may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent threat to public health or safety.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

Each fireworks distributor/wholesaler who is supplying one or more of the five nonprofit organizations who are permittees under this chapter, shall annually submit a public education plan to the city by no later than five p.m. on June 1. Said public education plan should outline the public safety and education efforts for that year that have been initiated, supported or delivered by each fireworks distributor/wholesaler within the city. The public education plan shall include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. On or before May 1 of every year, both the city's police and fire departments must present to the city council an operation plan for the thirty-day period surrounding the fourth of July (June 17 through July 16) for that year. Said operation plan should include, but not be limited to, the following information:

1. Identification of areas within the city where illegal fireworks were a problem in the previous year;

2. A detailed explanation of the deployment of fire and law enforcement personnel to deal with identified problem areas as well as with the balance of the city;

3. A report on the apparatus and personnel scheduled to be on duty for the period of June 17 through July 16 of that year, and more particularly, on the first through the fifth of July, inclusive;

4. Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year; and

5. All other relevant information and statistics deemed necessary by the city council.

B. By no later than September 1 of that same year, both police and fire departments must report back to the city council with an after action report. That report should include, but is not limited to:

1. An evaluation of the department's operation plan for that year including a listing of any significant fireworks-related incidents, both dangerous fireworks and safe and sane fireworks;

2. Relevant incident statistics for the period of June 17 through July 16, arrest and citation statistics for all crimes, but more particularly for the possession, sale and/or use of dangerous fireworks, altered safe and sane fireworks and misuse of safe and sane fireworks in violation of this chapter; and

3. A report on how many calls there were regarding suspected dangerous fireworks, how many of those calls either of the departments responded to, how many of those calls resulted in seizures or administrative fine citations, the status of payment of those administrative fines, and how many fireworks seizures resulted in no citations and if so, why.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

A. This chapter authorizes the imposition of administrative fines pursuant to Chapter 1.27 of this Code on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this Code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this Code by any person, which this city may otherwise pursue.

C. The imposition of fines related to dangerous fireworks under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than twenty-five pounds (gross weight) of such dangerous fireworks.

D. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the city shall provide cost reimbursement to the state fire marshal pursuant to regulations to be adopted by the state fire marshal addressing the state fire marshal's cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust twenty-five percent of any fine collected to cover the cost reimbursement to the state fire marshal for said cost of transportation and disposal of the dangerous fireworks.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)

This chapter is not the exclusive regulation for fireworks within the city of Calexico. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city of Calexico, the state of California or any other legal entity or agency having jurisdiction.

(Ord. No. 1126, § 1(Exh. A), 1-18-11)