Long Beach Municipal Code Ch. 8.81 Fireworks

The following definitions belong to this Chapter:

A. "Fireworks" has the same meaning as in California Health and Safety Code section 12511 which states, "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. The term "fireworks" includes, but it is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and firework kits."

B. "Host" means a person who either:

1. Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or

2. Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.

C. "Response costs" means costs associated with law enforcement, fire, medical, or other emergency personnel responding to, remaining at, and leaving the scene of a gathering, including but not limited to:

1. Salaries and benefits of law enforcement, fire, medical, or other emergency personnel;

2. Administrative costs;

3. The cost of any medical treatment of injuries to any law enforcement, fire, medical or other emergency personnel;

4. The cost of using any city equipment;

5. The cost of repairing any damaged city equipment or property; and

6. Any other costs related to enforcement of this article.

D. "Dangerous Fireworks" has the same meaning as in California Health and Safety Code Section 12505.

(ORD-21-0017(Emerg.) § 1, 2021)

Except as otherwise provided in Chapter 18.48.720, no person shall possess, sell, use, display or explode any Fireworks as defined in section 8.81.010 A. or any kind of fireworks, by whatsoever name known, within the City of Long Beach.

(ORD-21-0017(Emerg.) § 1, 2021)

No person shall possess, sell, use, display or explode any Dangerous Fireworks within the City of Long Beach.

(ORD-21-0017(Emerg.) § 1, 2021)

The Police Chief, Fire Chief, or designee, may seize, take, remove or cause to be removed, at the expense of the owner, all fireworks possessed or displayed in violation of this Chapter.

(ORD-21-0017(Emerg.) § 1, 2021)

A. No host shall allow any person to violate a provision of this Chapter on the host's private property, except as provided below in Subsection A.2.

1. Whenever a host is present at the private property while another person violates a provision of this Chapter, there shall be a rebuttable presumption that the host knew or should have known of the violation.

2. The provisions of this Section shall not apply to a host 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.

B. No host shall aid or abet another person's violation of a provision of this Chapter in a public right-of-way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this Chapter if he or she knows of the other person's unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.

(ORD-21-0017(Emerg.) § 1, 2021)

A. In addition to any other remedy allowed by law, any person who violates a provision of this Chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.32.

B. Notwithstanding the provisions of Section 1.32.060 or 9.37.120(a), the amount of an administrative penalty for a violation of this Chapter is one thousand dollars ($1,000.00) for each violation. In the event the fireworks are confiscated and have to be disposed of by the Fire Marshall, there shall be an additional charge of two hundred and fifty dollars assessed for disposal fee. Each day of recurrence of any violation shall constitute a separate offense and may be treated as such pursuant to this Section.

C. Any person who violates Sections 8.81.020 or 8.81.030 and any host who violates Section 8.81.050 shall be liable for the response costs relating to the violation. All hosts who violate Section 8.81.050 in the same incident are jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.

1. Notice of the response costs shall be served by first-class mail on the person or hosts liable for such costs. The notice shall contain the following information:

a. The name of the person or host who is liable for the response costs;

b. The address of the private property where the incident occurred;

c. The date and time of the response;

d. The law enforcement, fire, or other emergency response personnel who responded; and

e. An itemized list of the response costs.

2. Payment for response costs shall be remitted to the City of Long Beach within thirty (30) calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3. A person or host charged with response costs may, within ten (10) calendar days of the date of the notice of response costs, appeal the response costs in accordance with Chapter 9.65. The appeal hearing shall be scheduled and conducted in the manner prescribed in Chapter 9.65. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.

D. Violations of this Chapter are hereby declared to be a public nuisance.

E. All remedies prescribed under this Chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this Chapter.

(ORD-21-0017(Emerg.) § 1, 2021)