Hemet Municipal Code Art. VI Fireworks Prohibited

Footnotes:

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Editor's note— Ord. No. 1954, § 2(Exh. A), adopted January 22, 2019, set out provisions intended for use as §§ 46-88—46-94. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as §§ 46-98—46-104.

For the purposes of this article, the following definitions shall apply:

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.

Dangerous fireworks has the same meaning as ascribed to it under Health and Safety Code § 12505.

Exempt fireworks has the same meaning ascribed to it under Health and Safety Code § 12508.

Fire chief shall mean the Fire Chief of the City of Hemet Fire Department or his or her authorized designee.

Fireworks has the same meaning ascribed to it under Health and Safety Code § 12511.

Fireworks kit has the same meaning ascribed to it under Health and Safety Code § 12512.

Police chief shall mean the Police Chief of the City of Hemet or his or her designee.

Public display of fireworks means an entertainment feature whether the public or 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 production for which a permit from the fire and police chief is required for use or storage.

Safe and sane fireworks has the same meaning ascribed to it under Health and Safety Code § 12529.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

(a) No person shall have in his or her 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 article.

(b) No property owner or person in control of property shall allow, cause, create, maintain, suffer, or permit a person to possess, 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 on the property owned by such a person or under such person's control 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 article. Any such person shall be in violation of this article, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

(a) Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the police chief not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and 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) 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) The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the police chief 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. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

Every applicant for a permit to conduct a fireworks display shall submit evidence of having a fireworks public display license or a fireworks general public display license granted by the state fire marshal.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

(a) Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or for use by military organizations or for religious organizations that conduct fireworks displays under permit by the fire chief and police chief and in accordance with the provisions of the Health and Safety Code of the State of California.

(b) Nothing in this section shall be construed to prohibit the use of fireworks by city staff who obtain city manager approval and who conduct fireworks displays under permit by the fire chief and police chief and in accordance with the provisions of the Health and Safety Code of the State of California.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

(a) It shall be the duty of the fire chief and the police chief and their authorized designees to enforce the provisions of this section. The fire chief and the police chief and their authorized designees shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks.

(b) The fire chief and the police chief and their authorized designees 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.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)

(a) Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code.

(b) Civil enforcement.

(1) Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.

(2) As a nuisance per se, any violation of this article shall be subject to injunctive relief, and any permit issued pursuant to this article deemed null and void.

(3) Any monies unlawfully obtained as a result of violation of this article shall be disgorged and paid to the city.

(c) Administrative enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be subject to administrative citation and to a fine not to exceed $1,000.00.

(2) The city attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.

(d) Criminal enforcement.

(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this article shall be guilty of a misdemeanor, and may, in the discretion of the city attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment.

(2) The city attorney, in his or her sound discretion, may prosecute a violation of this article as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this article shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this article within one year shall be charged as a misdemeanor and may not be reduced to an infraction.

(3) Each day a violation is committed or permitted to continue shall constitute a separate offense.

(4) In the case of a prosecution for violation of subsection 46-99(b) of this article, each person the defendant allows, suffers, or permits to possess, 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 on the property owned or controlled by such defendant or under that defendant's control shall constitute a separate offense.

(e) The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.

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

(g) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this article may recover its reasonable attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the city, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 1954, § 2(Exh. A), 1-22-19; Ord. No. 1973, § 1, 3-9-21)