Lomita Municipal Code Ch. 16 Fireworks

(a) It is unlawful for any person to manufacture, sell, store, display, use, discharge, explode, fire or set off any fireworks within the city including, but not limited to, safe and sane fireworks, as that term is defined in Health and Safety Code § 12529, and as may be amended from time to time hereafter. This prohibition does not apply to public displays of fireworks approved by the city manager pursuant to a special event permit granted under title III, chapter 6.5 of the Lomita Municipal Code.

(b) For purposes of this chapter, fireworks shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment as the term is defined in Health and Safety Code § 12511 and as may be amended from time to time hereafter. The term fireworks includes, without limitation, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.

(Ord. No. 700, § 2, 5-17-07; Ord. No. 885, § 5, 4-7-26)

Any parent(s), legal guardian(s), or other adult person(s) authorized by said parent(s) or guardian(s) to have the care and custody of a minor who knowingly permits a minor to violate section 4-16.01 is guilty of a misdemeanor.

(Ord. No. 700, § 2, 5-17-07; Ord. No. 885, § 5, 4-7-26)

(a) It shall be the duty of the city manager and his or her authorized representatives to enforce the provisions of this chapter.

(b) The city manager and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks. The city manager and his authorized representative 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 section and for recovery of costs related to enforcement provided for in title III, section 16 of the Lomita Municipal Code.

(Ord. No. 700, § 2, 5-17-07)

(a) A violation of this chapter is unlawful, and is hereby declared a misdemeanor and a public nuisance.

(b) In addition to any other penalty or remedy allowed by law, any person who violates a provision of this chapter shall be subject to the administrative citations and penalties provisions of title I, chapter 5 of the Lomita Municipal Code, except that any violation of this chapter shall be subject to a fine of one thousand dollars ($1,000.00) per violation.

(c) In the event of any conflict between the penalties set forth in this chapter and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 700, § 2, 5-17-07; Ord. No. 885, § 2, 4-7-26)

(a) Pursuant to section 53069.5 of the Government Code, the city does hereby offer a reward of five hundred dollars ($500.00) for information leading to the identification, arrest, and conviction of any person whose willful misconduct involving the manufacturing, selling, storing, displaying, using, discharging, exploding, firing, or setting of fireworks results in injury or death to any person or the damage or destruction of any personal or real property under any provision of this chapter, not to exceed one thousand five hundred dollars ($1,500.00) per violation. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a community service program, or a plea bargain to a lesser offense, shall constitute a conviction.

(b) Claims for rewards under this section shall be filed with the city. Each claim shall:

(1) Specifically identify the date, location, and kind of property damaged or destroyed, or injury or death to of a person.

(2) Identify by name the person who was convicted of or who confessed to the damage or destruction of property, or injury or death to of a person.

(3) Identify the court and the date upon which the conviction occurred or the place and the date of the confession.

(c) No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. The investigation must determine that the claimant's information was relevant and directly responsible for the arrest and conviction of the suspect.

(d) The person committing the violation and, if that person is an unemancipated minor, then the custodial parent of said minor, shall be liable for any rewards paid pursuant to this section.

(e) The city manager, or his designee, is hereby authorized and directed to provide any court finding any person guilty of a fireworks violation under California Health and Safety Code sections 12670 through 12692 within the City of Lomita with information concerning the cost to the city or to the private property owners for setting off fireworks and to request the court to require the convicted person, or if such person is an unemancipated minor, to require the parent or guardian of such person, to reimburse the city or the private person for the cost of property damage or injuries caused by fireworks.

(Ord. No. 885, § 3, 4-7-26)

(a) Except as may be permitted by state law or as authorized by this chapter, it is unlawful for any individual to permit, allow, aid, or abet any discharge of fireworks, including a public display, if such a person either knows or reasonably should know that an individual is discharging fireworks on private property under his or her possession or control.

(b) A person shall be rebuttably presumed to have actual or constructive knowledge that fireworks have been discharged if the person has not taken all reasonable steps to prevent the discharge of fireworks, as discussed in subsection (d)(2) or the person is present at the premises at the time when the unlawful discharge of fireworks occurred.

(c) Upon a violation of this section 4-16.06, code enforcement or law enforcement may also issue a written notice to all identifiable persons in possession or control of private property from which an unpermitted discharge of fireworks occurred, that a violation of this chapter has occurred and that further violations may result in citations, assessment of response costs, or both.

(d) The provisions of this section shall not apply to:

(1) The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;

(2) A person who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter; or

(3) A person in possession or control of property that another person illegally enters and discharges fireworks on.

(Ord. No. 885, § 4, 4-7-26)