This chapter shall be known as the Del Norte County Fireworks Ordinace.

A. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this ordinance in order to encourage and obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: the possession, use, storage. sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the county.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the county authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the county to redress violations of this code by any person. By adopting this chapter. the county does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which this county may otherwise pursue.

C. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and/or display. or the seizure of, twenty-five (25) pounds or less (gross weight) of such dangerous fireworks.

D. Fines collected pursuant to this chapter related to "dangerous fireworks" shall be subject to Health and Safety Code Section 12726. which provides that sixty-five percent (65%) of all administrative fines or penalties collected by the county shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.

E. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this chapter existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

A. "Administrative hearing" means a hearing with respect to a citation, conducted in accordance with the procedures specified in Section 7 .100.150 of the Del Norte County Code, initiated by a timely written request of a citee to contest the citation.

B. "Citation" means an administrative citation issued pursuant to this code to remedy a violation.

C. "Citee" means any person served with a citation charging him or her as a responsible person for violation of this code.

D. "Code" means the Del Norte County Code.

E. "Dangerous fireworks" refers to any fireworks described in California Health and Safety Code Section 12505, including but not limited to: firecrackers, skyrockets and rockets, roman candles, chasers, sparklers more than 10 inches in length or one-fourth (I/4th) in diameter, etc.

F. "Director" means the county administrative officer (CAO) or his or her designee.

G. "Enforcement Officer" (EO) means any employee or agent of the County of Del Norte designated by the Board of Supervisors to enforce any provision of this code.

H. "Hearing officer" means an impartial individual who is appointed by the county administrative officer (CAO) to serve as the hearing examiner for administrative hearings pursuant to this code. The hearing officer shall serve at the pleasure of the Board of Supervisors, shall meet the qualifications of Chapter 14, Part 3, Division 2 of Title 3 of the California Government Code, sections 27720-27728, and may be a county employee or the county may contract with a qualified person.

I. "Issuance" or "issued" means any of the following: a. The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article Ill (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure; or

b. Mailing of an administrative fine citation to the citee by certified mail with return receipt to the address shown on the official records of the County Assessor; or

c. By personally serving the responsible party by personal delivery of an administrative fine citation or by substituted service. Substituted service may be accomplished as follows: i. By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage pre-paid, a copy to the recipient at the address where the copy was left; or

ii. In the event the responsible party cannot be served by first class mail, postage pre-paid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage pre-paid, to the responsible party in violation at the address of the property where the violation exists.

J. "Person" means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.

K. "Responsible person" means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen (18) years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.

L. "Safe and sane fireworks" refers to any fireworks which do not come within the definition of "dangerous fireworks" as described by California Health and Safety Code Section 12505 or "exempt fireworks" as described in California Health and Safety Code Section 12508.

M. "Violation" or "violates" refers to any violation of any provision of this code.

A. Whenever an enforcement officer (EO) determines that a violation of the code has occurred, the EO may issue an administrative citation on a county-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.

B. Each administrative citation shall contain the following information:

a. The name, mailing address, date of birth, Driver's License Number, and home or business telephone number of the responsible person charged with any violation of this code;

b. The address or description of the location of the violation;

c. The date or dates on which the person violated this code;

d. The section or sections of this code that were violated;

e. A description of the violation(s);

f. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s) if not timely paid, and notice that if the county is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees;

g. Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);

h. The names, addresses and telephone numbers of any witnesses to the violation(s);

i. The name and signature of the EO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code;

j. Any other information deemed necessary for collection purposes.

A. Each person who violates any provision of this code 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:

B. In the case of a violation the administrative fine(s) shall be due and payable within fifteen (15) calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks to the enforcement officer (EO), immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the county by the citee. Fines not paid within the time established by this ordinance shall accrue interest at the prevailing established rate. On the second and each subsequent time that a person is issued a citation for the same violation in any twelve (12) month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.

C. All administrative fines and any late charges and interest due shall be paid to the county at such a location or address as stated on the citation, or as may otherwise be designated by the Board of Supervisors. Payment of any fine or fines shall not excuse the citee from complying with the provision of the code so violated. The issuance of the citation and/or payment of any fine shall not bar the county from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution.

D. Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the responsible person. The county shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interest.

E. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.

A. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing with the county in accordance with Chapter 1.60.100 of the code. If the county does not receive the request in the required time period, the citee will be deemed to have wajved the right to a hearing and the citation confirmed and final. The failure of a citee to receive a properly addressed notice of hearing will not invalidate the citation or any hearing, county action or proceeding conducted pursuant to this chapter.

B. Sections 1.60.100. 1.60.110, 1.60.120, 1.60.130, 1.60.160, 2.26.10. 2.26.20, and 2.26.30 of the Del Norte County Code apply to administrative hearings on citations issued pursuant to this chapter.

8 Animals

8 Animals

8.01 General Provisions

8.02 Dogs And Other Pets

8.03 Livestock

8.01 General Provisions

8.01.10 Title 8.01.20 Purpose 8.01.30 Relationship To Other Laws

8.01.50 Director Of Animal Control

8.01.60 Obstruction Of Animal Control Officer

8.01.70 Animal Control Officer Conditional Powers

8.01.80 Abused Or Neglected Animals 8.01.90 Violation 8.01.100 Right Of Entry 8.01.110 Liability