Hillsborough Municipal Code Ch. 9.88 Fireworks, Firearms, Explosives

Except as provided in this chapter, no person shall have in his possession within this town, and no person shall fire or discharge or cause to be fired or discharged within this town, any firearm, cannon, fireworks, gun, pistol, revolver, firecracker, or explosive of similar nature, rifle, air rifle, air gun, "BB" gun, pellet gun, or bow and arrow.

(Prior code § 50.6.04 (part), Ord. 430, 1986, Ord. 447, 1988)

Except as otherwise provided in this chapter, no parent, guardian or person having the care, custody and control of any minor shall permit such minor to have in his possession within this town, or to fire or discharge, or cause to be fired or discharged within this town, any firearms, fireworks or explosives as specified in this chapter.

(Prior code § 50.6.04(part))

Except as otherwise provided in this chapter, it is unlawful for any person to fire or discharge, or to cause or permit the fire and discharge within this town, of any dynamite, dynamite caps, cannons, or explosive charges used for the purpose of celebration, parades, processions, public gatherings, displays, quarrying of sand rock, gravel or the movement of earth, the leveling or grading or clearing of land and removal of rocks; trees, stumps and other obstructions.

(Prior code § 50.6.08)

(Ord. No. 709, § 1, 11-12-2013)

A. Fireworks is defined as any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, detonation or any fireworks including "safe and sane" as defined by section 12529 of the State of California Health and Safety Code.

B. The manufacture, storage, sale, possession, handle or use of all fireworks, as classified in accordance with Title 19, California Code of Regulations, Division 1, Chapter 6, is prohibited.

Exception:

1. Public displays of fireworks may be approved by the city council upon the recommendation of the fire chief.

2. Party poppers and model rocket motors.

C. Fire department or police department representatives shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this code.

(Ord. 576 § 3, 1999)

(Ord. No. 709, § 1, 11-12-2013)

The restrictions as set forth in Sections 9.88.010 through 9.88.030 shall not apply to the following cases:

A. To police, peace officers or persons in military service in the discharge of their duties and using reasonable care;

B. To persons using firearms in necessary self-defense;

C. To the possession of firearms, bow and arrows, and explosives in safe keeping at the place of residence or on the person otherwise in lawful possession thereof, or while traveling to or from a legal firing, shooting or target range, hunting ground, celebration or display;

D. To discharging or firing of such firearms or explosives, or causing or permitting them to be discharged at a legal firing or shooting or target range or hunting ground;

E. To the employment of any of the firearms, guns, explosives or other dangerous weapons and devices, whether or not specifically mentioned in this chapter, if permission for said use or employment is first obtained as provided in this chapter.

(Ord. 576 §§ 1 (part), 2, 1999; Ord. 345 § 1, 1977: prior code § 50.6.12)

(Ord. No. 709, § 1, 11-12-2013)

A. Any person desiring to employ or use any of the firearms, explosives, guns, cannons or other dangerous weapons and devices upon occasions of parades, processions, public gatherings, target shootings, legal hunting of game or animals, or for certain constructive purposes in clearing or grading land, shall obtain a permit issued by the city manager which may be granted at such time and place and under such conditions as he may deem proper; provided, further, that all permits for the use of explosives, dynamite, or other explosive charges shall be issued only to licensed explosive or pyrotechnic experts; provided, further, that all permits for the use of any explosives, dynamite or other explosive charges and dangerous devices to be employed in quarrying operations and the moving or removing of quantities of sand, dirt, rock, gravel in excess of those limits set forth in Chapter 15.24 shall be permitted only by the city council after notice and hearing as provided in those laws and regulations.

B. All acts done or permitted under the provisions of this chapter shall be performed in a careful manner, and the permit as granted by the city council or any official of this town shall not exempt the permittee from any liability for damage done under such permit, to persons or property.

(Ord. 654 § 11, 2004; Ord. 576 § 1 (part), 1999; Ord. 345 § 2, 1977: prior code § 50.6.16)