Fillmore Municipal Code Ch. 15.39 Dangerous Fireworks

Footnotes:

--- (4) ---

Editor's note— Ord. No. 977, adopted November 12, 2024, amended Ch. 15.39 in its entirety to read as herein set out. Former Ch. 15.39 pertained to the same subject matter, consisted of §§ 15.39.010, 15.39.020, and derived from Ord. No. 789, adopted January 24, 2006.

A. California Health and Safety Code ("H&S Code") Sections 12500 through 12728 regulate dangerous fireworks. For purposes of this chapter, dangerous fireworks are those fireworks specified as such in the State Fireworks Law, Section 12505 of the H&S Code, and such other fireworks as may be determined to be dangerous by the state fire marshal.

B. In addition to the state regulations set forth in the H&S Code, it is unlawful for any person to possess, sell, use or discharge dangerous fireworks unless a permit authorizing possession, sale, use or discharge has been issued by the Fillmore Fire Chief to the person using, selling, discharging or found in possession of said fireworks, and unless such person is in possession of a valid pyrotechnic operator's license issued by the office of the state fire marshal.

C. The city shall impose a two thousand dollar administrative fine for each violation of this section in accordance with the procedure set forth in Chapter 1.09. The imposition of an administrative fine shall be limited to persons who possess, sell, use or discharge dangerous fireworks in the amount of twenty-five pounds or less (gross weight including packaging.

Where applicable, cost reimbursement to the office of the state fire marshal and the collection of disposal costs shall be part of the administrative fine in accordance with regulations adopted by the state fire marshal. Administrative fines collected are not subject to the disbursement required by H&S Code Section 12706.

D. An person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be subject to the imposition of penalties pursuant to H&S Code Sections 12700 through 12702 (which may be amended from time to time) and any other remedies provided by law. The city specifically adopts, by this reference, those penalties articulated in H&S Code Sections 12700 through 12702, as may be amended from time to time.

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

F. Nothing in this chapter shall be intended to limit any of penalties provided for under the H&S Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and in addition to any other remedies at law or equity.

(Ord. No. 24-977, § 2, 11-12-2024)