Corona Municipal Code Ch. 9.33 Fireworks

The definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter.

(A) “Dangerous fireworks” has the same meaning as in Cal. Health and Safety Code Section 12505, as presently adopted or further amended from time to time.

(B) “Fireworks” has the same meaning as in Cal. Health and Safety Code Section 12511, as presently adopted or further amended from time to time.

(C) “Safe and sane fireworks” has the same meaning as in Cal. Health and Safety Code Section 12529, as presently adopted or further amended from time to time. They include any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks, as defined presently in Cal. Health and Safety Code Section 12508 or as further amended from time to time.

(Ord. 3333 § 3, 2021; Ord. 3332 § 3, 2021.)

(A) Prohibition. Except as otherwise provided in division (B), all fireworks are prohibited from being sold, used, discharged, possessed, or provided to a minor in any location within the city and at all times. Violation of any California statute governing the manufacture, transportation, distribution, use or possession of fireworks is also prohibited, and constitutes a violation of this section. Except as otherwise provided in division (B), any property owner or person in control of property who allows a person to sell, use, discharge, or possess fireworks, or provide fireworks to a minor, on the property owned by such person or under such person’s control shall be in violation of this section, regardless of such person’s intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense.

(B) Exception for permitted shows. The sale, use, discharge, and possession of fireworks is not prohibited provided that the fireworks are sold, used, discharged, and/or possessed in compliance with a fireworks show permit that has been issued by the city’s Fire Marshal and/or State Fire Marshal, and provided that that every person selling, using, discharging and/or possessing the fireworks maintains any license that may be required by the State Fire Marshal for such sale, use, discharge and/or possession of fireworks.

(Ord. 3333 § 3, 2021; Ord. 3332 § 3, 2021; Ord. 2825 § 1, 2006.)

(A) Criminal misdemeanor penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both.

(B) Administrative citation. In addition to any other penalties provided by law, whenever the enforcement officer, as that term is defined in Section 1.08.120(D), determines that a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in Section 1.08.120(G), pursuant to the procedures set forth in Chapter 1.08. Use of the administrative citation procedure in Chapter 1.08 with respect to violations of this chapter shall be at the sole discretion of the city.

(C) Civil penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council. Different administrative civil penalties may be established for violations of this chapter involving safe and sane fireworks versus dangerous fireworks.

(D) State law penalties. Nothing in this chapter shall be intended to limit any of the penalties provided for under Cal. Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of fireworks.

(Ord. 3333 § 3, 2021; Ord. 3332 § 3, 2021.)