Colma Municipal Code Art. 3 CMC Chapter 2.10 Amended

Subchapter 2.10 of Chapter 2 of the Colma Municipal Code, is hereby amended, to read in full as follows:

“CHAPTER TWO: PROHIBITED ACTIVITIES Subchapter 2.10: Fireworks

For the purpose of this Subchapter, the following words shall have the meaning set forth herein:

(a) “Dangerous Fireworks” means any fireworks classified as such as defined by Sections 12505 and 12561 of the Health and Safety Code and Title 19, Division 1, Subchapter 6 of the

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California Code of Regulations, pertaining to dangerous fireworks which are hereby incorporated by reference. Dangerous Fireworks are commonly referred to as Illegal Fireworks.

(b) “Fire Chief” means the Fire Chief of the Colma Fire Protection District.

(c) “Fireworks” means both “dangerous fireworks” and “safe and sane fireworks,” as those terms are defined by the Health and Safety Code and generally includes 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, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. As used herein, “fireworks” includes both “dangerous fireworks” and “safe and sane fireworks,” as those terms are defined by the Health and Safety Code.

(d) “Safe and Sane Fireworks” means any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks” as defined by Section 12505 of the Health and Safety Code and Title 19, Division 1, Subchapter 6 of the California Code of Regulations, pertaining to “Safe and Sane Fireworks” which are hereby incorporated by reference. All Safe and Sane Fireworks shall be labeled with the Safe and Sane Fireworks seal authorized by the State Fire Marshal.

(e) “Social Host” means:

(1) Any owner of private property, as listed on the most recent county tax assessment

roll; (2) Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or

(3) Any person who hosts, organizes, supervises, officiates, conducts, or sponsors

a gathering on public or private property, and if such person is a minor, then that person’s parents or legal guardians.

(f) “Strictly liable” means s liable for a wrongful act irrespective of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

The sale, use, possession, and discharge of Fireworks is prohibited within the Town of Colma. It shall be unlawful for any person to sell, offer for sale, purchase, discharge, or otherwise use Fireworks within the Town of Colma except as provided in this chapter.

(a) This subchapter does not prohibit the use of fireworks if approved and authorized by the Colma Fire Protection District or conducted by permit granted pursuant to Title 19 of the California Code of Regulations.

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(b) This Subchapter does not prohibit the use by railroad or other transportation agencies, or law enforcement agencies, of torpedoes, flares, or fuses for signal purposes or illumination; nor does it prohibit the sale or use of blank cartridges for theatrical or ceremonial purposes, athletic events, or military ceremonies or demonstrations.

(a) It shall be unlawful for any person having the care, custody or control of a minor (under eighteen (18) years old) to permit such minor to discharge, explode, fire, or set off any Fireworks, at any time.

(b) Any person having care, custody, or control of a minor shall be strictly liable for a violation of this section.

(a) No Social Host shall permit any persons to use Fireworks:

(1) On property that is either owned by the Social Host or occupied or otherwise used by the Social Host pursuant to a lease, permit, license, rental agreement, or contract, or

(2) At any gathering on public or private property that is hosted, organized, supervised, officiated, conducted, or sponsored by the Social Host.

(b) It is the duty of any Social Host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of Fireworks by that Social Host’s guests or invitees.

(c) No Social Host shall, with respect to private property where Fireworks are used, be liable for a violation of this section if the Social Host can demonstrate that at the time of such violation, the Social Host (i) had rented or leased the property to another, (ii) was not present, and (iii) had no prior knowledge of the violation.

(d) No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable under this section for violations occurring in the common areas of the property.

(a) Any person violating any of the provisions of this Subchapter as it relates to the possession, use, storage, sale, and/or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses (in Amount of Administrative
One Year Period) Penalty
First $1,000.00
Second $2,000.00
Third and subsequent $3,000.00

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(b) Any person violating any of the provisions of this Subchapter as it relates to the possession, use, storage, sale, and/or display of “safe and sane fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses (in Amount of Administrative
One Year Period) Penalty
First $250.00
Second $500.00
Third and subsequent $750.00

(c) Acts, omissions, or conditions in violation of this Subchapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date of the citation, the effective date of the citation, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or it commits, continues, or permits a violation of this Subchapter.

(d) Nothing in this Subchapter 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 Fireworks.

(e) Any administrative fine collected pursuant to this Section shall not be subject to Health and Safety Code section 12706. The administrative fines collected shall be allocated in compliance with Health and Safety Code section 12557, which requires the Town to provide cost reimbursement to the State Fire Marshal for reimbursement of costs, including, but not limited to, transportation and disposal of dangerous and illegal fireworks. Regulations are to be adopted by the State Fire Marshal setting forth this allocation. Unless and until such regulations have been adopted by the State of California, the Town shall, on behalf of the Fire Chief, hold in trust $250.00 from any fine collected for “dangerous fireworks” to cover the reimbursement to the State Fire Marshal for the cost of transportation and disposal of the dangerous fireworks. Alternatively, the City Council may adopt and amend a fee to cover such disposal and reimbursement costs by resolution.

The recipient of an administrative citation pursuant to this Subchapter may appeal its validity by complying with all appeals provisions set forth in Division 3 of Chapter 2 of this Code.

The Police Chief, Fire Chief, or designee 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 Subchapter. Such seizure shall be subject to cost reimbursement to the State Fire Marshal in accordance with Section 2.10.060(e) d).”