Chapter 8.22 — FIREWORKS

State Law reference— State Fireworks Law, Health and Safety Code § 12500 et seq.

Whenever, in this chapter, or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended:

Agricultural and wildlife fireworks means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.

Chief of police means he chief of police of the city or designated representative.

Dangerous fireworks has the same meaning ascribed to it under Health and Safety Code § 12505 and includes, but is not limited to, all of the following:

(1)

Any fireworks which contain any of the following:

a.

Arsenic sulfide, arsenates, or arsenites;

b.

Boron;

c.

Chlorates, except:

In colored smoke mixtures in which an equal or greater amount of sodium bicarbonate is included;

In caps and party poppers;

In those small items (such as ground spinners) wherein the total powder content does not exceed four grams, of which not greater than 15 percent (or 600 milligrams) is potassium, sodium or barium chlorate;

d.

Gallates or gallic acid;

e.

Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);

f.

Mercury salts;

g.

Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers);

h.

Picrates or picric acid;

i.

Thiocyanates;

j.

Titanium, except in particle size greater than 100-mesh;

k.

Zirconium;

(2)

Firecrackers;

(3)

Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge;

(4)

Roman candles, including all devices which discharge balls of fire into the air;

(5)

Chasers, including all devices which dart or travel about the surface of the ground during discharge;

(6)

Sparklers more than ten inches in length or one-fourth of one inch in diameter;

(7)

All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches;

(8)

Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the state fire marshal pursuant to this chapter;

(9)

Torpedoes of all kinds which explode on impact;

(10)

Fireworks kits;

(11)

Such other fireworks examined and tested by the state fire marshal and determined by him, with the advice of the state board of fire services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.

Exempt fireworks, has the same meaning ascribed to it under Health and Safety Code § 12508, and means any special item containing pyrotechnic compositions which the state fire marshal, with the advice of the state fire advisory board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.

Fire chief or chief means the fire chief of the city or authorized representatives.

Fireworks has the same meaning ascribed to it under Health and Safety Code § 12511 and also means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.

Fireworks kits has the same meaning ascribed to it under Health and Safety Code § 12512 and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of fireworks.

Public display of fireworks means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.

Pyrotechnic operator means any licensed pyrotechnic operator who, by examination, experience and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.

Pyrotechnic special effects material means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment productions for which a permit from the chief is required for use or storage.

Safe and sane fireworks has the same meaning ascribed to it under Health and Safety Code § 12529 and means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Generally. No person shall have in his possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Health and Safety Code §§ 12640—12654 and this chapter.

(b)

Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the fire chief and the chief of police.

(c)

Pyrotechnic special effects materials. A permit is required to manufacture, compound, store or use pyrotechnic special effects materials. Permit application shall be made to the fire chief and the chief of police. A permit shall be granted only to a state fire marshal licensed pyrotechnic operator.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Generally. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the chief of police not less than 14 days prior to the scheduled date of the display. The permit application shall include:

(1)

A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged;

(2)

The location of buildings, highways and other lines of communication;

(3)

The lines behind which the audience will be restrained; and

(4)

The location of nearby trees, telegraph or telephone lines and other overhead obstructions.

At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.

(b)

Under supervision of pyrotechnic operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.

(c)

Bond required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the chief of police for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

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

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It shall be the duty of the fire chief and his authorized representatives and the chief of police and his authorized representatives to enforce the provisions of this chapter.

(b)

The fire chief and his authorized representatives and the chief of police and his authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The fire chief and his authorized representative and the chief of police and his authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks.

(c)

The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in this Code.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished:

(1)

By a fine not less than $500.00 nor more than $1,000.00, or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment.

(2)

Upon any second or subsequent conviction of the offense, by the penalties of a fine of $1,000.00 and by imprisonment in the county jail for one year.

(b)

A person is guilty of a separate offense for each and every day or portion thereof during which he commits, continues or permits a violation of this chapter.

(c)

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

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)