Canyon Lake Municipal Code Ch. 11.03 Prohibiting Personal Fireworks

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.

(a) “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.

(b) “Code Enforcement Personnel” means those employed by the City as part of the Code Enforcement Department.

(c) "Dangerous fireworks" has the same meaning ascribed to it under § 12505 of the California Health and Safety Code and includes:

(1) Any fireworks which contain:

(A) Arsenic sulfide, arsenates, or arsenites;

(B) Boron;

(C) Chlorates, except:

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

2. In caps and party poppers; or

3. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate.

(D) Gallates or gallic acid;

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

(F) Mercury salts;

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

(H) Picrates or picric acid;

(I) Thiocyanates;

(J) Titanium, except in particle size greater than 100-mesh;

(K) 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, auto-foolers, 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 or her, with the advice of the State Board of Fire Services, to posses 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.

(d) "Exempt fireworks" has the same meaning ascribed to it under § 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.

(e) "Fire Chief" or "Chief" shall mean the Fire Chief of the Canyon Lake Fire Department or his or her authorized representative(s).

(f) "Fireworks" has the same meaning ascribed to it under § 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.

(g) "Fireworks kits" has the same meaning ascribed to it under § 12512 of the California Health and Safety Code and means any assembly of metals 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."

(h) "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.”

(i) "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.

(j) "Pyrotechnic special effects material" means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical, or group entertainment production for which a permit from the Fire Chief is required for use or storage.

(k) "Safe and Sane Fireworks" has the same meaning ascribed to it under § 12529 of the California Health and Safety Code and shall mean any fireworks which do not come within the definition of "Dangerous Fireworks" for "Exempt Fireworks."

(l) "Police Chief" shall mean the Police Chief of the City or his or her authorized representatives.

(Ord. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

(a) General. No person shall have in their 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 wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of §§ 12640-12654 of the California Health and Safety Code, Chapter 8 of the Municipal Code (California Fire Code) and this Chapter.

(b) Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by the Fire Chief and the Police 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 and the Police Chief. A permit shall be granted only to a state Fire Marshal licensed pyrotechnic operator.

(d) No property owner or person in control of property shall allow, cause, create, maintain, suffer, or permit a person to possess, 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 on the property owned by such a person or under such person’s control 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 Health and Safety Code §§ 12640 - 12654 and this Chapter. Any such person shall be in violation of this Chapter, regardless of such person’s intent, knowledge or negligence, such violation being hereby expressely declared a strict liability offense.

(Ord. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

(a) General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the Fire Chief and the Police Chief not less than 30 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 the buildings, 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 permittee shall furnish a bond or certificate of insurance in the amount deemed adequate by the Fire Chief and the Police Chief 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 permiteee, agents, employees, or subcontractors.

(Ord. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

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. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

(a) It shall be the duty of the Fire Chief and his or her authorized representative(s), the Police Chief and his or her authorized representative, and Code Enforcement personnel to enforce the provisions of this Chapter.

(b) The Fire Chief and his or her authorized representative(s) and the Police Chief and his or her authorized representative(s), and Code Enforcement personnel shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief and his or her authorized representative(s), the Police Chief and his or her authorized representative(s) and Code Enforcement personnel 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.

(Ord. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

(a) Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code.

(b) Civil enforcement.

(1) Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.

(2) As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, and any permit issued pursuant to this Chapter deemed null and void.

(3) Any monies unlawfully obtained as a result of violation of this Chapter shall be disgorged and paid to the City.

(c) Administrative enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be subject to administrative citation and to a fine not to exceed $1,000 for the first offense, $2,000 for the second offense within 36 months, and $5,000 for each subsequent offense within 36 months.

(2) The City Attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(d) Criminal enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(2) The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(3) Each day a violation is committed or permitted to continue shall constitute a separate offense.

(4) In the case of a prosecution for violation of Section 11.03.020(d) of this Chapter, each person the defendant allows, suffers, or permits to possess, 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 on the property owned or controlled by such defendant or under that defendant's control shall constitute a separate offense.

(e) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

(f) Nothing in this section 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.

(g) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this Chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section.

(Ord. 97, passed 4-4-2007; Am. Ord. 214, passed 10-6-2021)

All remedies and penalties for violations of the prohibition in this Chapter shall be cumulative and not exclusive. Enforcement by use of any administrative, criminal, or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing, or abating a violation, nor prevent the enforced correction, removal, or abatement thereof. Each and every day, or any portion thereof, during which any violation of this Chapter is committed, continued, or permitted by such person, shall be deemed a separate and distinct offense.

(Ord. 214, passed 10-6-2021)