Fontana Municipal Code Art. XIII Fireworks

Footnotes:

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Editor's note— Ord. No. 1589, §§ 1, 2, adopted January 13, 2009, repealed and replaced article XIII in its entirety to read as herein set out. Formerly, article XIII pertained to similar subject matter and derived from Ord. No. 1474, § 1, adopted March 1, 2005; Ord. No. 1476, § 1, adopted May 17, 2005; and Ord. No. 1538, § 2, adopted February 13, 2007.

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

The following words and phrases, as used in this article, are defined as follows:

Affiliated organizations means the following:

(1) Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;

(2) Organizations sharing the same officers and/or place of meetings and/or national parent organization;

(3) Subdivisions and/or fractional divisions however named or delineated of organizations; and

(4) Suborganizations, one of whose primary purpose is to provide financial and/or manpower support to a parent non-profit organization. However, different organizations affiliated with and officially recognized by any elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or any public or private community college, college and/or university located within the boundaries of the city shall not be presumed to be "affiliated organizations" unless it can be shown that they serve the same interest area or concern (i.e., boosters of high school football and boosters of high school basketball would be presumed to be two different, non-affiliated organizations.)

Citation means an administrative citation issued pursuant to this article to remedy a violation.

Citee means any person served with an administrative citation charging him or her as a responsible person for violation.

City means the City of Fontana.

Code means the City of Fontana Municipal Code.

Code enforcement officer (CEO) means any employee or agent of the city designated by the city council to enforce any provision of this article.

Dangerous fireworks means "dangerous fireworks" in Health And Safety Code §§ 12505 and 12561 and the relevant sections of title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.

Department means the police department or any other department designated by the city manager to administer this chapter.

Director means the city manager or his or her designee.

Fireworks 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, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. The term "fireworks" shall also include both illegal fireworks and safe and sane fireworks.

Fireworks stand means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of "safe and sane fireworks." "Fireworks stand" shall also mean "temporary consumer fireworks retail sales facility" as used in chapter 7 of NFPA 1124.

Hearing officer means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.

Issuance or issued means the following:

(1) 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 III (commencing with § 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedures;

(2) Mailing of 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

(3) By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:

a. 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

b. 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.

NFPA means the National Fire Protection Association. "NFPA 1124" means the National Fire Protection Association's "Code for the Manufacture, Transportation, Storage and Retail Sales of Fireworks and Pyrotechnic Articles", 2006 edition.

Non-profit organization means any non-profit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes which has been issued a tax-exempt certificate as required under the Revenue and Taxation Code of the State of California or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or public and/or private community college, college and/or university which is located within the boundaries of the city.

Persons 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.

Principal and permanent meeting place means, but is not limited to, a permanent structure, playing field, geographic area or service population which resides in or is located within the city.

Public display of fireworks means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to, those defined above.

Qualified applicants means any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell required by this article and which continues to meet the criteria for the duration of any permit to sell issued by the city pursuant to this article.

(1) The organization shall be a non-profit organization pursuant to Internal Revenue Code subsections 501(c)3, 4, 6, 7, 8, 10, 19, 23 or 26, subsection 501(d), subsection 501(e), or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or public and/or private community college, college and/or university which is located within the boundaries of the city;

(2) The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes;

(3) The organization must have its principal and permanent meeting place within the city;

(4) The organization must be one which provides direct and regular community services and benefits to the residents of the city;

(5) Has a minimum bona fled membership of at least 20 members who either reside in the city, are employed in the city, or are owners or operators of a business or other establishment located in the city;

(6) Has not been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks within 24 calendar months prior to the organization's submittal of an application for a permit to sell; and

(7) Has not had a permit to sell revoked within 24 months prior to the organization's submittal of an application for a permit to sell.

Response costs means those reasonable and necessary costs directly incurred by the code enforcement officer for a response to a violation of this chapter, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:

(1) Salaries and benefits of the code enforcement officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and

(2) The cost of any medical treatment to, or for, any code enforcement officer injured responding to, remaining at, or leaving the scene of the violation; and

(3) The cost of repairing any equipment used by the code enforcement officer or damage to city property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and

(4) The costs of disposal of any fireworks seized in accordance with this chapter.

Responsible person means a person who causes a violation of this article 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 lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this article, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this article may be issued a citation in accordance with the provisions of this article. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this article, may be issued a citation in accordance with the provisions of this article, in addition to any citation that may be issued to the offending minor.

Safe and sane fireworks (a.k.a. "state-approved fireworks") means "safe and sane fireworks" as set forth in Health and Safety Code §§ 12529 and 12562 and the relevant sections of title 19, Code of Regulations, subchapter 6 which are hereby incorporated by reference.

Social host means:

(1) Any owner of private property as listed on the most recent assessment roll; and/or

(2) Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or

(3) Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

A government entity, including, but not limited to, the city, a school district, and/or a political subdivision of the State of California, is not a social host.

Spectator means any person present during an illegal fireworks discharge for the purpose of viewing, observing, or watching the event. A person is "present" during an illegal fireworks discharge if that person is within 200 feet of the location of the illegal fireworks discharge. Peace officers and their agents, and city employees designated to enforce the provisions of this Code, who are acting in the course of their official duties, are not considered "spectators." Members of the public that witness a violation of this chapter and either report it to law enforcement, or immediately leave the area, are not considered "spectators."

Strictly liable means noncriminal administrative or civil liability for a violation of this chapter regardless of the liable person's intent, knowledge, negligence, or lack thereof in committing that violation.

Violation or violates refers to any violation of any provision of this article.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09; Ord. No. 1987, § 2, 4-28-26)

Except as otherwise provided in this article, no person shall possess, sell, use, display or explode any "dangerous fireworks" including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered "safe and sane fireworks" within the city.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of "dangerous fireworks" (including a public display) or any use of special effects without having first obtained a permit therefore from the fire chief.

The fire chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in § 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, of for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by § 12527 of the California Health and Safety Code) in accordance with a city-issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.

Every application for permit to conduct a public display of fireworks shall be accompanied by a non-refundable fee as established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by the city council. Every applicant shall agree to hold the city, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

Any person, firm or corporation applying for a public display permit shall furnish to the fire chief proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than $5,000,000.00 combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees ad/or subcontractors presenting such public display.

No permit shall be issued until the permittee furnishes the fire chief with a "certificate of insurance" for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the "City of Fontana" as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first-class mail, ten days' notice of cancellation upon the city clerk for the city. Notwithstanding any other provision of this article, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this article shall be made to the city before any such revoked permit may be reinstated.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

The decision of the fire chief or the fire chief's designated representative in acting on an application for a permit to conduct a public display of fireworks in accordance with the provision of this article shall be subject to an appeal by the applicant to the city manager. Notice of such appeal shall be filed with the city manager within ten days after the date of the decision regarding such fireworks permit. Upon failure to file such notice within the ten-day period, the action of the fire chief of the fire chief's designated representative, shall be final and conclusive. The applicant may appeal the decision of the city manager to the city council by filing a notice of appeal with the city clerk within ten days after the date of the city manager's decision. Upon failure to file such a notice within the ten days, the action of the city manager shall be final and conclusive.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

It shall not be unlawful to possess, sale, use, display or discharge, within the city, those fireworks that are defined and classified as "safe and sane fireworks" (a.k.a. "state-approved fireworks") in the California State Fireworks Law (§ 12500, et seq., of the Health and Safety Code and the relevant sections of title 19, Code of Regulations, subchapter 6) during that time period beginning at 12:00 noon on June 28 and ending at 10:00 p.m. on July 5 of that same year.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

It shall be unlawful for any person to sell "safe and sane fireworks" within the city without having first applied for and received a permit therefore, from the city.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) No non-profit organization shall submit more than one application for a permit to sell "safe and sane fireworks" within the city. If more than one application is submitted on behalf of any non-profit organization, including an affiliated organization, all such requests shall be voidable at the discretion of the fire chief. If a question arises as to whether organizations and/or groups are affiliated, the city council shall have ultimate authority to decide said question. Any attempt to transfer an application shall void any and all applications filed by or on behalf of both the transferor/non-profit organization and the transferee/non-profit organization.

(b) Should a conflict appear between two or more non-profit organizations regarding a location for a "safe and sane fireworks" stand, such issue shall be resolved by the fire chief, or the fire chief's designee, examining the following facts, criteria and/or materials in the descending order of priority:

(1) The past history of the location including what non-profit organization and/or licensed fireworks wholesaler has occupied, controlled and/or had permission to utilize this location for a "safe and sane fireworks" stand;

(2) Which non-profit organization and/or licensed fireworks wholesaler has a non-revocable, written property permission or property lease with the owner or lessor of record, bearing the earliest calendar date; and

(3) Which organization filed its application with the city first along with all of the requisite documentation attached thereto.

(c) The maximum number of permits which may be issued and the maximum number of "safe and sane fireworks" stands that will be permitted pursuant to this article during any one calendar year shall not exceed one permit for each 4,500 residents of the city or fraction thereof, based on the latest, official roster, state census estimate. If the number of qualified applicants exceeds the number of permissible permits under this section, the city council shall select the non-profit organizations to whom permits shall be issued by the following method:

(1) The "qualified applicants" shall be grouped into one of the following six categories of organizations educational, religious, fraternal/service/veterans, community, athletic and arts/cultural/other organizations. Permits shall be distributed in the six categories by utilizing the ratio of "qualified applicants" to the number of total authorized permits. A drawing will be held and permits will be drawn for each category in turn.

(2) After the authorized number of permits has been drawn, all remaining "qualified applicants" shall be combined into one group, and one applicant shall be drawn as the first alternate and one applicant shall be drawn as the second alternate. The alternate shall be offered a permit if one of the original permittees cannot meet the requirements of this article or if a permittee voluntarily surrenders its permit.

(3) If the number of "qualified applicants" exceeds the number of permissible permits in any category, two or more qualified applicants may petition the city to be issued a permit as a joint venture, if by doing so it reduces the total number of "qualified applicants" to a number equal to or less than the total number of permissible permits allowed within that category.

(4) Permits issued pursuant to this section are valid only during the calendar year issued.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) All applications for permits to sell "safe and sane fireworks" shall be in writing to the city clerk on forms supplied by the city. Applications may be filed beginning March 1 of each year up to and including March 31 of the same year, at which time the filing period for that year will be closed. Applications shall set forth the proposed location of the fireworks stand being applied for, and other information as may be required by the city.

Applications shall be accompanied by an assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such permit, deliver to the city a certificate evidencing an occurrence-based policy of insurance naming the "City of Fontana" as an additional insured thereunder, with the following minimum limits: $1,000,000.00 public liability and property damage, and general aggregate coverage of $2,000,000.00. No policy will be acceptable which contains a provision allowing a deductible amount. A copy of the requisite state retail sales permit from the Office of California State Fire Marshal must also be attached.

Every application for a permit to sell "safe and sane fireworks" shall state the zoning of the real property on which the fireworks stand is to be located, which zoning classification shall be obtained from the planning department for the city.

(b) Applicants for such permits shall be notified by April 15 of each calendar year by the fire chief of the approval or disapproval of such applications for such permit. All organizations whose permits have been approved shall have up to and including May 15 of that year to pick up such permit.

(c) Every application for a permit shall be accompanied by a non-refundable application fee established by resolution of the city council. This application fee shall be in addition to any fee or tax imposed by this article.

(d) Every application shall set forth the proposed location of the fireworks stand, the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period "safe and sane fireworks" are sold, displayed or stored at such location, and written permission from the owner of record and/or lessor of record of the property (whichever is controlling) upon which said proposed stand will be located.

(e) The application shall be made in triplicate. The original of the application shall be retained by the city clerk, one copy shall be transmitted to the fire chief and one copy shall be sent to the city building department.

(f) The continued validity of any city permit issued pursuant to this article shall be subject to the requirement that at least one or more representatives of each non-profit organization, preferably those responsible adults listed on the permit application, shall attend a "safe and sane fireworks" stand operator safety seminar conducted by the fire department and the licensed fireworks wholesaler that is supplying the "safe and sane fireworks" to the non-profit organization. The failure of a non-profit organization to have a responsible individual(s) attend the safety seminar shall result in the revocation of its permit to sell "safe and sane fireworks."

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) The fire chief shall issue the permit to sell "safe and sane fireworks" unless:

(1) The fire chief finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article;

(2) The fire chief finds, in writing, that the applicant is not in compliance with any of the requirements of this article;

(3) The fire chief finds, in writing, that the applicant falls within the provisions of subsection (c) of section 15-617; or

(4) The fire chief determines that the number of qualified applicants exceeds the number of permissible permits under subsection (c) of section 15-608. The fire chief must advise, in writing, all qualified applicants of this determination no later than April 15 as well as advise them of the procedures that the city must follow, the alternatives available (i.e., joint venture), the category in which the group has been tentatively placed and the date of the drawing before the city council.

(b) Any denial of a permit pursuant to this section may be appealed pursuant to the procedures set forth in section 15-617.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

If the deadline for submitting any type of application, payment of any administrative fine, filing of a notice of appeal, etc., called for within this article falls on a day city hall is closed, the deadline shall automatically be extended to the close of business of the next day city hall is open.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

Non-profit organizations licensed and permitted to sell "safe and sane fireworks" in the city are required to obtain a temporary sales tax permit from the local Office of the California State Board of Equalization.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) Except as provided herein, fireworks stands shall comply with chapter 7 of NFPA 1124.

(b) All retail sales of "safe and sane fireworks" shall be permitted from within a temporary fireworks stand, and the retail sales from any other building or structure is hereby prohibited.

(c) No person shall knowingly sell fireworks to any person under the age of 18. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this article shall be a defense for any proceeding for suspension or revocation of its "safe and sane fireworks" permit or any criminal proceedings for violations of this article. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California driver's license or identification card issued to a member of the armed forces.

(d) The sale of "safe and sane fireworks" shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 12:00 noon to 10:00 p.m. on June 28 and from 9:00 a.m. to 10:00 p.m. daily on June 29 through July 5.

(e) No person other than the permitted non-profit organization(s) or the non-profit organization with whom they have an approved joint venture, shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.

(f) No person other than the individuals who are members of the permittee and/or joint venture non-profit organization(s) or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of "safe and sane fireworks" at such stand.

(g) No person under the age of 18 shall sell or participate in the sale of "safe and sane fireworks" within such stand.

(h) No person shall be paid any consideration by the permittee non-profit organization(s) or any wholesaler/distributor of "safe and sane fireworks" for selling or otherwise participating in the sale of "safe and sane fireworks" at such stand; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property. The city manager may revoke the fireworks storage permit and/or local business license of any fireworks wholesaler/distributor violating the terms of this section as set forth in subsection (c) of section 15-617.

(i) All unsold stock of fireworks in the hands of the permittee after 10:00 p.m. on the fifth day of July shall be returned to the wholesaler/distributor and removed from the city within ten days. On closing of the "safe and sane fireworks" stand, all litter shall be removed from the premises.

(j) Each "safe and sane fireworks" stand must post its city permit to sell "safe and sane fireworks," its temporary sales tax permit from the state board of equalization, its state fire marshal retail sales permit and proof of their required insurance in a prominent place inside the "safe and sane fireworks" stand.

(k) No person shall smoke within 25 feet of the "safe and sane fireworks" stand. No person shall light, cause to be lighted or permit to be lighted any "safe and sane fireworks" or combustible material within 50 feet of any "safe and sane fireworks" stand.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

On or before November 1 of any year authorized pursuant to a permit, the permittee shall submit to the city clerk a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee, all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and to whom and for what purpose of the net proceeds were or will be disbursed, along with the most recent report filed by the permittee to the state board of equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent permit.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) The fire chief or the fire chief's designee, may revoke, immediately and without notice or hearing, the permit of any permittee who violate any of the following provisions: section 15-613, subsections (a), (b), (e) and section 15-615, subsection (c). If the revocation occurs between June 22 and July 5, the fire chief shall inform the permittee that the permittee may seek review of the fire chief's decision by the city manager, or the city manager's designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) shall apply.

(b) The fire chief, or the fire chief's designee, may revoke the permit of any permittee who violates any provision of this article not specified in subsection (a). Such revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager shall be final.

(c) Any permittee whose permit has been revoked, pursuant to subsection (a) or (b) hereof, shall be barred from receiving a permit under this article for up to five years from the date of revocation.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) It shall be unlawful to discharge any "safe and sane fireworks" except during the hours of 9:00 a.m. to 11:00 p.m. on the days on which said "safe and sane fireworks" may be sold.

(b) It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any "safe and sane fireworks," or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any "safe and sane fireworks" within ten feet or any residence, dwelling or other structure used as a place of habitation by human beings.

(c) The use of "safe and sane fireworks" in the city shall be limited to private property except as otherwise provided herein. No "safe and sane fireworks" shall be discharged on public, semipublic or private open areas such as parking lots, vacant property or in public streets or right-of-ways except in public parks and those areas approved by the fire chief. No fireworks shall be discharged in the "high fire hazard areas", more particularly described as follows:

Property within the city which is west of Interstate 15, north of Summit Avenue, and east of Lytle Creek Road.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

It shall be unlawful for any person having the care, custody or control of a minor (under 18 years old) to permit such minor to discharge, explode, fire or set off any "dangerous fireworks", at any time, or to permit such minor to discharge or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this article.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

Wholesale storage of "safe and sane fireworks" by fireworks wholesalers licensed by the Office of the California State Fire Marshal shall be in a building meeting the requirements of chapter 6 of NFPA 1124, so long as said fireworks wholesaler has not been found to be in violation of the terms of this article as set forth in subsection (b) of section 15-617.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

The fire chief, or the fire chief's designee, may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

Each fireworks distributor/wholesaler who is supplying one or more of the Fontana non-profit organizations who are permittees under this article, shall annually submit a public education plan to the city by no later than 5:00 p.m. on June 1. Said public education plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the city. Said public education plan should include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) On or before May 1 of every year, both the city's police and fire departments must present to the city council an operation plan for the 30-day period surrounding the Fourth of July (June 17 through July 16) for that year. Said operation plan should include, but not be limited to, the following information:

(1) Identification of areas within the city where illegal fireworks were a problem in the previous year;

(2) A detailed explanation of the deployment of fire and law enforcement personnel to deal with those troublesome areas as well as with the balance of the city;

(3) A report on the apparatus and personnel who will be on duty for the period of June 17 through July 16 of that year, and more particularly, on the first through the fifth of July, inclusive; and

(4) Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the city council.

(b) By no later than September 1 of that same year, both police and fire departments must report back to the city council with an after action report. That report should include, but is not limited to:

(1) An evaluation of the success or failure of that department's operation plan for that year including a listing of any significant fireworks-related incidents, both "dangerous fireworks" and "safe and sane fireworks";

(2) Relevant incident statistics for the period of June 17 through July 16, arrest and citation statistics for all crimes, but more particularly for the possession, sale and/or use of "dangerous fireworks", altered "safe and sane fireworks" and misuse of "safe and sane fireworks" outside the strict limitations of this article; and

(3) A report on how many calls there were regarding suspected "dangerous fireworks", how many of those calls either of the departments responded to, how many of those calls resulted in seizures and/or administrative fine citations, the status of payment of those administrative fines, and how many fireworks seizures resulted in no citations and if so, why.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) Purpose.

(1) This article authorizes the imposition of administrative fines on any person who violates any provision of this article in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This article 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 § 12500, et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in California Health and Safety Code § 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code § 53069.4, Health and Safety Code § 12557, and police power of the city.

(2) The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this Code by any person. By adopting this chapter, the city 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 city may otherwise pursue.

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

(4) Fines collected pursuant to this article related to "dangerous fireworks" shall not be subject to Health and Safety Code § 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the city shall provide cost reimbursement to the state fire marshal pursuant to regulations to be adopted by the state fire marshal addressing the state fire marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state, the city shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the state fire marshal for said cost of transportation and disposal of the "dangerous fireworks."

(5) 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 article imposes strict civil liability upon the owners of residential real property for all violations of this Code 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.

(6) At least 50 percent of the fines collected pursuant to this article must be placed in a segregated fund entitled "Fontana Illegal Fireworks Enforcement Fund". The sole and exclusive purpose of this fund is to pay for increased fire and police deployment, protection and investigation of and against illegal fireworks in the city for the 30-day period surrounding the Fourth of July (June 17 through July 16).

(b) Issuance of administrative citations—contents.

(1) Whenever a code enforcement officer (CEO) determines that a violation of the code has occurred, the CEO may issue an administrative citation on a city-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.

(2) Each administrative citation shall contain the following information:

a. The name, mailing address, date of birth, CDL 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 city 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 name and signature of the CEO 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; and

i. Any other information deemed necessary by the director for enforcement or collection purposes.

(c) Administrative fines.

(1) 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:

(2) Each person who uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this ordinance shall be subject to the imposition and payment of an administrative fine or fines as provided below:

(3) In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 30 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 CEO, 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 city by the citee. Fines not paid within the time established by this article 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 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.

(4) All administrative fines and any late charges and interests due shall be paid to the city at such a location or address as stated on the citation, or as may otherwise be designated by the city manager. 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 city 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.

(5) Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interests 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 city shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interests.

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

(d) Right to an administrative hearing.

(1) Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the city clerk within 30 calendar days from the issuance date of a citation. If the city clerk does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final.

(2) No fees shall be charged for the filing of a request for a hearing.

(3) Citees shall deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a non-negotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them in if the citation is overturned.

(4) A request for a hearing shall contain the following:

a. The citation number;

b. The name, address, telephone number and any facsimile numbers and e-mail addresses of each person contesting the citation;

c. A statement of the reason(s) why a citation is being contested;

d. The dates and signature of the citee(s).

(5) The city shall notify all persons who filed a request for a hearing in writing by first-class mail of the date, time and place set for the hearing at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.

(6) The hearing shall be conducted within 60 days of the date a timely and complete request is received by the city clerk.

(7) If the CEO submits an additional written report concerning the citation to the city for consideration at the hearing, the CEO shall also serve a copy of such report by first-class mail on the person requesting an administrative hearing no less than seven calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding pursuant to this article.

(e) Administrative hearing—Procedures.

(1) The hearing officer designated or appointed by the city manager shall hear all requests for administrative hearings of administrative fines in accordance with the procedures established herein.

(2) Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefore by a preponderance of evidence. The citation is prima facie evidence of the violation, however, and the CEO who issued the citation is not required to attend or participate at the hearing. The citee(s) and CEO, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city therefore. The hearing officer may question any person who presents evidence or who testifies at any hearing.

(3) A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city at least seven business days prior to the hearing. If the citee fails to attend or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed confirmed.

(4) Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.

(f) Hearing decision—Right of appeal.

(1) After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefore.

(2) The hearing officer shall serve citee(s) by first-class mail with a copy of the written decision. The date the decision is deposited with U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this article.

(3) Decisions of the hearing officer may be appealed to the city council within 30 days after the date of their service. Each decision shall contain a statement advising the citee of this appeal right and the procedure for its exercise. A citee shall file a notice of appeal with the city within 20 calendar days after the date of service of the hearing officer's decision.

(4) If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.

(5) The city council is the sole reviewing authority and an appeal from a hearing officer's decision is not appealable to the Superior Court. If a responsible person prevails on appeal, the city shall reimburse his or her fine deposit within 30 calendar days of the city council's decision on the appeal.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

This article is not the exclusive regulation for fireworks within the city. It shall supplement and be in addition to the other regulatory codes, statues, regulations and ordinances heretofore and hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

Any provisions of this Code in conflict herewith are hereby repealed. This article supersedes any conflicting provisions of the Uniform Fire Code and Uniform Building Code.

If any section, subsection, sentence, clause or phrase of this article that is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The city council hereby declares that it would have passed this article and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. No. 1589, § 2, 1-13-09; Ord. No. 1592, § 2, 2-10-09)

(a) Except as may be permitted by this Code or state law, no social host shall use, possess, sell, display, detonate, nor discharge any illegal fireworks anywhere on the social host's property, nor on any immediately adjacent public or private street or sidewalk.

(b) Except as may be permitted by this Code or state law, no social host shall permit nor allow anyone to use, possess, sell, display, detonate, or discharge any illegal fireworks anywhere on the social host's property, or on any immediately adjacent public or private street or sidewalk.

(c) It is the duty of all social hosts to take all reasonable steps necessary to prevent a violation of this section.

(d) A social host shall be deemed to have permitted a violation of this section if the social host has not taken all reasonable steps necessary to prevent a violation of this section.

(e) Social host shall be strictly liable for any violation of this section occurring on or near that social host's property.

(f) Any person having the care, custody, or control of a minor who violates this chapter shall be strictly liable for that minor's violation of this chapter. The person having the care, custody, or control of a minor who violates this chapter need not be present when that minor violates this chapter to be held strictly liable for that violation.

(g) It shall be unlawful for any person to be knowingly present as a spectator during an unauthorized illegal fireworks discharge in violation of this chapter.

(h) No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable for violations of this chapter occurring in the common areas of the property unless that person is a social host or spectator as defined by this chapter.

(i) The provisions of this section shall not apply to:

(1) Activities conducted by pyrotechnic operators licensed by the state fire marshal when operating pursuant to that license and with proper city permits, nor to the spectators present during such activities.

(2) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host's property or terminating the activity to comply with this chapter.

(3) The possession, transport, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law.

(Ord. No. 1987, § 3, 4-28-26)

(a) Misdemeanor and public nuisance. Any person violating any of the provisions of section 15-624, or failing to comply with any of the mandatory requirements of section 15-624, is deemed guilty of a misdemeanor and a public nuisance. Any person convicted of a misdemeanor under the provisions of this section shall be subject to punishment by a fine, or by imprisonment in the county jail for a period not exceeding six months, or by both fine and imprisonment.

(b) Administrative fines. A violation of section 15-624 shall be subject to an administrative fine of up to $1,000.00 per violation, up to a maximum of $10,000.00 per calendar day. Administrative fines issued pursuant to this section shall be administered in accordance with article XI of chapter 2 of this Code.

(c) Penalties cumulative. The penalties set forth herein are not intended to be exclusive of other penalties and remedies and are intended 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 and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.

(d) Separate offenses. Any person violating the provisions of section 15-624 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.

(e) Response costs. In addition to any fines or penalties which may otherwise be levied by the city pursuant to this chapter, the city shall be entitled to recover from any person found to be in violation of any provision of this chapter, the city's full response costs.

(f) Seizure. Any code enforcement officer may seize, take, remove, or cause to be removed, at the expense of the violator, all stocks of illegal fireworks offered or exposed for sale, stored, or held in violation of this chapter when such violation creates an imminent threat to public health or safety.

(Ord. No. 1987, § 4, 4-28-26)