Contra Costa County Municipal Code Ch. 44-2 Fireworks

Footnotes:

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Editor's note— Ord. No. 2021-19, § II, adopted June 8, 2021, amended chapter 44-2 in its entirety to read as herein set out. Former chapter 44-2, §§ 44-2.002, pertained to similar subject matter, and derived from Ord. 72-19 § 1, 1972: prior code § 3220: Ord. 684.

For purposes of this chapter, the following words and phrases have the following meanings:

(a) "Fireworks" has the meaning set forth in Health and Safety Code section 12511.

(1) The term "fireworks" includes the following:

(A) "Dangerous fireworks," as defined in Health and Safety Code section 12505.

(B) "Safe and sane fireworks," as defined in Health and Safety Code section 12529.

(2) The term "fireworks" excludes the following:

(A) "Exempt fireworks," as defined in Health and Safety Code section 12508.

(B) "Party poppers" and "snap caps," as each is defined in California Code of Regulations, Title 19, section 980.

(b) "Responsible party" means any of the following:

(1) A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.

(2) A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

If a residence or other private property is rented or leased for a period of more than thirty consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property.

(c) "Vessel" has the meaning set forth in Harbors and Navigation Code section 651.

(Ord. No. 2021-19, § 2, 6-8-21)

No person shall possess, manufacture, sell, offer to sell, use, or discharge, any fireworks.

(Ord. No. 2021-19, § 2, 6-8-21)

This chapter does not prohibit the proper use of flares by railroad personnel, peace officers, fire officials, or motorists.

(Ord. No. 2021-19, § 2, 6-8-21)

A responsible party shall maintain, manage, and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.

(Ord. No. 2021-19, § 2, 6-8-21)

The County may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law.

(Ord. No. 2021-19, § 2, 6-8-21)