Hesperia Municipal Code Ch. 8.36 Fireworks

It is unlawful for any person to sell, use or possess any fireworks within the city. Fireworks include "dangerous fireworks," as defined in California Health and Safety Code section 12505, "fireworks," as defined in California Health and Safety Code section 12511, and "safe and sane fireworks," as defined in California Health and Safety Code section 12529 as may be amended from time to time.

(Ord. No. 2020-06, § 1, 5-19-20)

A. The foregoing prohibition in Section 8.36.010 shall not apply to persons who have obtained a special event permit from the City pursuant to Section 16.12.380(B) - Special event permits.

B. The city manager shall have authority to adopt reasonable rules and regulations for those activities contained in Health and Safety Code § 12640, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or 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 Health and Safety Code § 12527), and shall be of such character and so located, discharged or fired as in the opinion of the city manager or his designee, after proper investigation, will not be hazardous or endanger any person.

(Ord. No. 2020-06, § 1, 5-19-20)

A. Any person violating any provision of this Chapter or failing to comply with any of the requirements herein is guilty of a misdemeanor which may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

B. The violation of any of the provisions of this chapter is deemed a public nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. Violations of this title may be also be punishable in accordance with the provisions of Title 1 of this code. Remedies are not exclusive of each other.

C. The remedies provided in this Chapter are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

D. Fines for violations of this Chapter shall be as adopted by the City Council in the City Administrative Bail Schedule.

(Ord. No. 2020-06, § 1, 5-19-20)

If any provision, section, paragraph, sentence or word of this Chapter is determined or declared invalid by any final court action in a court of competent jurisdiction or if the application of any provision, section, paragraph, sentence or word of this Chapter is inapplicable to a specific situation by reason of any preemptive state or federal legislation or regulation, the remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in full force and effect.

(Ord. No. 2020-06, § 1, 5-19-20)