East Palo Alto Municipal Code Art. I Fireworks

Footnotes:

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Editor's note— Ord. No. 315, § §§ 1 and 2, adopted May 20, 2008, amended Article 1 in its entirety to read as herein set out. Former Article 1, §§ 8.20.010—8.20.090, pertained to similar subject matter and derived from Prior code, §§ 4-3.101—4-3.109.

"Fireworks" means and includes any combustible or explosive composition, or any substance or combination of substance, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy guns, toy cannons, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, Daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound or any tablet or other device containing an explosive substance, except that the term "fireworks" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.

(Ord. No. 315, § 1, 5-20-2008)

The sale, possession and use of fireworks of any kind within the City of East Palo Alto is prohibited.

(Ord. No. 315, § 1, 5-20-2008)

The provisions of Section 8.20.020 of this chapter shall not apply to any sale of fireworks required by state law to be permitted.

(Ord. No. 315, § 1, 5-20-2008)

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military and law enforcement organizations.

(Ord. No. 315, § 1, 5-20-2008)

The chief of police may grant a permit for supervised public displays of fireworks by organizations or groups. Application for a permit must be made in writing at least ten days in advance of the display. Each such permit shall contain reasonable conditions deemed necessary by the chief of police to protect the public health and safety.

(Ord. No. 315, § 1, 5-20-2008)

A. The chief of police or designee shall seize, 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 chapter.

B. Violation of this chapter shall be deemed a public nuisance and may be abated pursuant to the provisions of Chapter 1.14 of the East Palo Alto Municipal Code. Additionally, the city may bring a civil action against the violator of this chapter to abate, enjoin, or otherwise compel the cessation of the violation of any provision of this chapter.

C. Administrative Citation. Upon identification of a violation of this chapter, any enforcement officer may issue an administrative citation or a notice of violation. The administrative fine shall be one thousand dollars ($1,000.00) for each citation issued to any person who violates this chapter.

D. Misdemeanor. In addition to the penalties prescribed above, any person who violates this chapter shall also be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment in the county jail for a period not exceeding six months, or both.

E. Penalties Not Exclusive. The penalties set forth above are not intended to be exclusive of other penalties and remedies and are included to be in addition to any other remedies provided in this Code or any other law, statute, ordinance or regulation, including, without limitation, the California Health and Safety Code or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.

F. Response Costs. Any person who has been issued a second administrative citation and/or written notice of violation under this chapter within a twelve (12) month period may, in addition to the penalties provided for in this Chapter 8.20, also may be held liable for response costs incurred in responding to a violation of this Chapter 8.20. All violators shall be jointly and severally liable for the response costs incurred.

(Ord. No. 04-2022, § 4, 6-21-2022)