Imperial County Municipal Code Ch. 8.24 Fireworks

For the purpose of this chapter, the word "fireworks" shall have the respective meanings ascribed to it in Sections 12500 et seq. of the Health and Safety Code of the state of California.

(Ord. 1411 § 2 (part), 2006)

A. No person, firm, corporation or other legally-recognized entity shall possess, offer for sale, sell, use or display, within the unincorporated territory of the county of Imperial, fireworks of any kind as defined by California Health and Safety Code Section 12500. However, nothing in this chapter shall be construed as prohibiting the following:

1. The use of torpedoes, flares or fuses by railroads or other transportation agencies for signal purposes or illumination.

2. The sale or use of blank cartridges for ceremonial purposes, athletic or sports events or military ceremonials or demonstrations.

3. The transportation of fireworks through the unincorporated territory of the county of Imperial in regular course, and in original packages or containers, from any point outside of the county to any other point outside the county.

4. The manufacture and testing of fireworks in compliance with state and local regulations, including but not limited to, Title 9 of the codified ordinances of the county of Imperial (land use ordinances).

5. The use of agricultural and wildlife fireworks as defined by California Health and Safety Code Section 12503.

(Ord. 1411 § 2 (part), 2006)

A. Any person, firm, corporation or other legally-recognized entity desiring to use fireworks within the unincorporated territory of the county of Imperial for the purpose of public display or the production of motion pictures, theatricals or operas (when such use and display is a necessary part of such production) shall submit an application for permit to the office of the county of Imperial's fire chief not less than ninety (90) days before the date of the proposed use. In the event a permit is granted, possession and use of fireworks shall be lawful for the permitted purpose only. The approval of any application shall be at the sole discretion of the fire chief. No permit granted hereunder shall be transferable.

B. The fire chief, or his/her designee, shall have power to adopt reasonable rules and regulations for granting of permits for the use of fireworks. Every such use shall be handled by a competent operator approved by the fire chief, or his/her designee, and shall be of such character and so located, discharged or fired as in the opinion of the fire chief, or his/her designee, shall not be hazardous to persons or property.

C. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief, or his/her designee, for the payment of all damages which may be caused to a person or persons, entity or entities or to any real or personal property by reason of the permitted use and arising from any acts of the permittee, his or her agents, employees or subcontractors. By accepting a permit, permittee agrees to indemnify and hold the county of Imperial harmless from any such damages.

D. All fireworks that remain unfired after the permitted use is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining.

(Ord. 1411 § 2 (part), 2006)

A. The fire chief, or his or her designee, and the sheriff, or his or her designee, shall have the authority to seize, take, remove or cause to be removed, at the sole expense of the owner, all stocks of fireworks possessed, offered for sale, sold, used or displayed in violation of this chapter. The fire chief, or his or her designee, and the sheriff, or his or her designee, may charge any person, or in the case of a minor, their parent(s) or legal guardian(s), whose fireworks are seized pursuant to this section, the following amounts, which are reasonable and sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks:

B. For purposes of this section, the following definitions shall apply:

1. "Safe and sane fireworks" means fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion.

2. "Explosive fireworks (1.3G.c)" means fireworks devices which are explosive materials, designed primarily to produce visible or audible effects by combustion, deflagration or detonation. "Explosive fireworks (1.3G.c)" include, but are not limited to, firecrackers containing more than two grains (one hundred thirty (130) milligrams) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition and other display pieces that exceed the limits for classification as "safe and sane fireworks." "Explosive fireworks (1.3G.c)" have a composition usually made of flash powder (aluminum, potassium nitrate and potassium chlorate) and are usually manufactured in China with adequate quality control.

3. "Explosive fireworks (1.3G.m)" means fireworks devices which are explosive materials, designed primarily to produce visible or audible effects by combustion, deflagration or detonation. "Explosive fireworks (1.3G.m)" include, but are not limited to, firecrackers containing more than two grains (one hundred thirty (130) milligrams) of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition and other display pieces that exceed the limits for classification as "safe and sane fireworks." "Explosive fireworks (1.3G.m)" usually have a composition made of potassium per chlorate and potassium nitrates which are extremely unstable, making them a mass detonation hazard. "Explosive fireworks (1.3G.m)" are usually manufactured in Mexico with inadequate quality control.

(Ord. 1426 § 1, 2007: Ord. 1411 § 2 (part), 2006)

The provisions of this chapter shall supplement and be construed in harmony with the State Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California.

(Ord. 1411 § 2 (part), 2006)

Any person, firm, corporation or other legally recognized entity violating any of the provisions of this chapter shall be guilty of an infraction offense and punished by a fine not exceeding five hundred dollars ($500.00) for a first violation. The second and any additional violations perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.

(Ord. 1411 § 2 (part), 2006)