Chapter 16.05 — FIREWORKS

This section shall govern the use, discharge of, firing or possession of fireworks and it shall be unlawful for any person to sell, offer for sale, have in his possession, fire, set off, discharge or use, or cause or permit to be sold, offered for sale, have in his possession, fire set off, discharge, or use any fireworks unless classified as "safe and sane" by the state fire marshal and unless in addition all terms and provisions of the state fireworks law contained in Part 2 of Division 11 of the Health and Safety Code of the State of California are complied with. Nothing herein contained shall prohibit the public display of fireworks as authorized by Section 16.05.020 of this chapter subject to the terms and provisions of the state fireworks law. For the purpose of this chapter, "dangerous fireworks" shall mean all fireworks other than safe and sane fireworks, and include, but are not limited to, those fireworks defined in Section 12505 and 12561 of the California Health and Safety Code.

(1)

It shall be unlawful for any person to fire, set off, discharge or use, or cause or permit to fire, set off, discharge or use any fireworks except for "safe and sane" fireworks during the period between eight a.m. and ten p.m. from the June twenty-eighth through the July fifth, and between eight a.m. and eleven p.m. on July fourth.

(2)

It shall be unlawful for any person to have in his or her possession any fireworks except "safe and sane" fireworks from twelve p.m. noon June twenty-eighth through twelve a.m. midnight on July fifth. The provisions of this subsection are not applicable to public agencies or manufacturers or supplies of fireworks for public display or storage.

(3)

Any resident, occupant, or person in control of premises on which dangerous fireworks are found or from which fireworks are illegally discharged shall be subject to the same civil liability or criminal penalty that may be imposed pursuant to city regulations on the person selling, discharging, using or possessing such fireworks, as applicable, provided that the person selling, discharging, using, or possessing such fireworks is on such premises by invitation of or with consent of such resident, occupant or person in control of such premises.

(4)

It is unlawful for any person to sell, offer for sale, or display for purposes of sale any dangerous fireworks within the city.

(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)

Notwithstanding the provisions of Section 16.05.010, public display of fireworks, as defined in the state fireworks law, may be conducted subject to all of the terms and provisions therein contained and only if a permit therefor has been granted by the fire chief and the city council. Such public displays, in addition, shall be subject to all rules and regulations contained in the fire prevention code.

(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)

Violation of this chapter shall constitute a misdemeanor, and may be prosecuted criminally or administratively pursuant to the provisions of this code. If the violation is prosecuted criminally, the maximum penalty shall be a fine not to exceed one thousand dollars, imprisonment not to exceed six months, or both. If the violation is prosecuted administratively, the penalties for a violation of this chapter shall be as follows:

(1)

The first violation of this chapter shall be subject to a fine of one thousand dollars.

(2)

The second violation of this chapter within a twelve-month period shall be subject to a fine of two thousand dollars.

(3)

The third and subsequent violations of this chapter within a twelve-month period shall be subject to a fine of five thousand dollars.

Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued, maintained, or permitted by such person, and shall be punishable accordingly.

Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, this code, or in any other ordinance, laws, rules or regulations of the city, county, or the state.

(Ord. No. 816, § 4(Exh. B), 6-11-2024; Ord. No. 817, § 2(Exh. B), 6-25-2024)