Lancaster Municipal Code Ch. 8.44 Fireworks

The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires.

(Ord. 864 § 1 (part), 2006)

As used in this chapter:

A. "Approved site" means an area approved by the fire chief or fire marshal and prepared in such a manner as to prevent the ignition and spread of fire and the escape of fire to adjoining property.

B. "Fireworks" means and includes:

1. Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, whether manufactured, homemade or improvised;

2. Fireworks classified by the State Fire Marshal as "dangerous fireworks" and as "safe and sane fireworks" pursuant to Health and Safety Code Sections 12561 and 12562;

3. Any pyrotechnic device for which the State Fire Marshal requires a license to manufacture, sell transport or operate; and

4. Firecrackers, torpedoes, skyrockets, Roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance.

This definition of fireworks does not include devices that are: (a) identified in Health and Safety Code Section 12540 which are not subject to the state fireworks law (Division 11, Part 2, of the Health and Safety Code, Section 12500, et seq.); (b) classified as exempt fireworks pursuant to Health and Safety Code Section 12565; (c) capable of making an audible popping sound and/or propelling confetti or streamers into the air when the device is twisted or a string is pulled, or a mild audible popping sound when dropped on the ground, provided such devices are not subject to the state fireworks law; or (d) that are classified as model rocket engines pursuant to Health and Safety Code Section 12565.

(Ord. 864 § 1 (part), 2006)

It is unlawful for any person to manufacture, give away, sell, offer for sale, solicit the sale of, possess, purchase, use, ignite, explode, fire, or otherwise discharge any fireworks within the city or to aid or abet any of the above with respect to "dangerous fireworks.

(Ord. 864 § 1 (part), 2006)

Section 8.44.030 shall not apply to the following:

A. A public display of fireworks in accordance with Section 8.44.050.

B. The use of fireworks for television, film, theater, or movie production, provided a permit therefor is first secured from the city as provided in Section 8.44.050.

C. The use by railroad or other transportation agencies for signal purposes or illumination by flares or fuses.

D. The sale or use of blank cartridges for theatrical purposes, athletic events, or military ceremonials.

(Ord. 864 § 1 (part), 2006)

A. Notwithstanding any other provisions of this chapter, the city manager may conditionally grant a permit for the supervised public display of fireworks in the city at an approved site to any organization who desires to conduct a public display of fireworks for the general public and citizens of the city upon any approved site as may be approved by the city manager or for television, film, theater or movie productions. Such display of fireworks within the city shall be allowed only upon a permit being granted by the city manager, which permit shall be issued subject to such rules, regulations and conditions as the city manager may impose, including but not limited to, the competency of the persons operating the display of fireworks, the location of such display, the type of fireworks to be used and the time for such fireworks display.

B. All applications for any such permit for public display of fireworks shall be made in writing and filed with the city manager at least forty-five days before the proposed date of such display. No permit granted pursuant to this chapter shall be transferable, and any such permit shall only be valid for the time and place specified in such permit. Any permittee granted the right to conduct a public display of fireworks by the city manager shall furnish public liability and property damage insurance in amounts and coverages, and issued by companies, as are approved by the city manager. The city, its officers, employees and agents shall be named as coinsureds.

C. Any public display shall be performed in accordance with the requirements of the Health and Safety Code, Section 7802.4 of the California Fire Code and any other rules and regulations of the State Fire Marshal.

(Ord. 864 § 1 (part), 2006)

The Los Angeles County Fire Department and Los Angeles County Sheriff's Department, acting together or separately, are authorized and directed to seize, take, remove or cause to be removed at the expense of the owner any fireworks offered or exposed for sale, stored or held or possessed in violation of the provisions of this chapter and Section 7802 of the California Fire Code.

(Ord. 864 § 1 (part), 2006)

In addition to any other penalty provided by law, including, but not limited to, those penalties set forth in Chapter 1.12 of this code, any person failing to comply with the requirements of this chapter shall be subject to an administrative citation and fine in an amount to be determined by city council resolution.

(Ord. 864 § 1 (part), 2006)

All administrative fines collected by the city as penalties for violating this chapter shall be placed in the general fund to cover the cost of enforcing this chapter.

All the funds distributed to the city as provided in the preceding paragraph of this section shall not supplant any funds that would, in the absence of this chapter, be made available to support the law enforcement and prosecutorial efforts of the city.

(Ord. 864 § 1 (part), 2006)

This chapter is not the exclusive regulation or penalty for storage, use, possession and sale of fireworks. It supplements, and is in addition to, the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction, including, but not limited to, the provisions of Division 11, Part 2, of the Health and Safety Code (Section 12500, et seq.) as well as the administrative regulations adopted pursuant to that law.

(Ord. 864 § 1 (part), 2006)