Jurupa Valley Municipal Code Ch. 11.40 Fireworks

A. Terms defined. The terms defined in California Health and Safety Code Division 11, Part 1 (California Health and Safety Code Section 12500 et seq.) are hereby incorporated into this chapter.

B. "Dangerous fireworks" has the same meaning as in California Health and Safety Code Section 12505, as presently adopted or further amended from time to time.

C. "Fireworks" has the same meaning as in California Health and Safety Code Section 12511, as presently adopted or further amended from time to time.

D. "Safe and sane fireworks" has the same meaning as in California Health and Safety Code Section 12529, as presently adopted or further amended from time to time. They include any fireworks which do not come within the definition of dangerous fireworks or exempt fireworks, as defined presently in California Health and Safety Code Section 12508 or as further amended from time to time.

(Ord. No. 2021-11, § 3, 6-17-2021; Ord. No. 2021-12, § 2, 7-1-2021)

A. General. 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 California Health and Safety Code Division 11, Part 2, Chapter 6 (California Health and Safety Code Section 12640 et seq.), Chapter 8.10, and this chapter.

B. Strict liability. Except as otherwise provided in Section 11.40.030, Displays, any property owner or person in control of property who allows a person to sell, use, discharge, or possess fireworks, or provide fireworks to a minor, on the property owned by such person or under such person's control shall be in violation of this section, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense.

C. Manufacturing prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the Fire Chief and the Chief of Police.

D. Pyrotechnic special effects material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the County Fire Chief and the Chief of Police. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator.

(Ord. No. 2021-11, § 4, 6-17-2021; Ord. No. 2021-12, § 3, 7-1-2021)

A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the County Fire Chief and the Chief of Police not less than fourteen (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 County Fire Chief shall be consulted regarding the requirements for standby fire apparatus.

B. Under supervision of pyrotechnic operator. 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. Bond required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the County Fire Chief and the Chief of Police 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.

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

A. It shall be the duty of the County Fire Chief and his or her authorized representatives and the Chief of Police and his or her authorized representatives to enforce the provisions of this chapter.

B. The County Fire Chief and his or her authorized representatives and the Chief of Police and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The County Fire Chief and his or her authorized representatives and the Chief of Police and his or her authorized representatives 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.

C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in Chapters 1.10 through 1.25.

A. Criminal misdemeanor penalty. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the city or county jail not exceeding six (6) months, or by both.

B. Administrative citation. In addition to any other penalties provided by law, whenever the enforcement officer, as that term is defined in Section 1.16.070, determines that a violation of this chapter has occurred, the enforcement officer shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in Section 1.16.070, pursuant to the procedures set forth in Chapter 1.20. Use of the administrative citation procedure in Chapter 1.20 with respect to violations of this chapter shall be at the sole discretion of the city.

C. Civil penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council. Different administrative civil penalties may be established for violations of this chapter involving safe and sane fireworks versus dangerous fireworks.

D. Separate offenses. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.

(Ord. No. 2021-11, § 3, 6-17-2021; Ord. No. 2021-12, § 3, 7-1-2021)