Marina Municipal Code Ch. 9.16 Fireworks Violations

Sections: Definitions. Purpose—Prohibition. Issuance of administrative citation, imposition of administrative fine and assessment of hazardous materials disposal fee. Appeals.

The following definitions apply to the use of these terms for the purposes of this chapter: A. “Offender” means any person served with an administrative citation charging him or her as a responsible person for a violation. B. “Citation” means an administrative citation issued pursuant to this chapter to remedy a violation. C. “City manager” means the city manager of the city or his or her designee. D. “Code” means the Marina Municipal Code. E. “Dangerous fireworks” are defined and described as set forth in California Health and Safety Code Section 12505, and as that section may be amended from time to time, and include: 1. Any fireworks which contain any of the following: a. Arsenic sulfide, arsenates, or arsenites. b. Boron. c. Chlorates, except: i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. ii. In caps and party poppers. iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than fifteen percent (or six hundred milligrams) is potassium, sodium, or barium chlorate. d. Gallates or gallic acid. e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). f. Mercury salts. g. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers). h. Picrates or picric acid. i. Thiocyanates. j. Titanium, except in particle size greater than one hundred mesh. k. Zirconium.

Firecrackers. 3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. 4. Roman candles, including all devices which discharge balls of fire into the air. 5. Chasers, including all devices which dart or travel about the surface of the ground during discharge. 6. Sparklers more than ten inches in length or one-fourth of one inch in diameter. 7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. 8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this section. 9. Torpedoes of all kinds which explode on impact. 10. Fireworks kits, i.e., any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of “fireworks” in California Health and Safety Code Section 12511. 11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks. F. “Enforcement official” means any employee or agent of the city of Marina with the authority to enforce this code. G. “Issuance” or “issued” has the same meaning as set forth in Section 1.12.050. H. “Hearing officer” has the same meaning as set forth in Section 1.12.090(D). I. “Person” means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred. J. “Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor. K. “Safe and sane fireworks” are as defined in Section 12529 of the Health and Safety Code, and as that section may be amended from time to time. L. “Violation” or “violates” refers to any violation of any provision of this code as well as the failure to comply with any additional requirement imposed by any permit, license and/or approval issued to a person under or pursuant to a city ordinance. (Ord. 2021-02 § 1 (Exh. A), 2021)

A. This chapter authorizes the imposition of administrative fines on any person who violates Section 15.32.520 prohibiting the sale, offering for sale, discharge or possession of dangerous fireworks within the city. In encouraging and obtaining compliance with the provisions of Section 15.32.520 this chapter is declared to be for the benefit and protection of the entire community. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the sale, discharge or possession of safe and sane fireworks on or at dates, times and/or locations as permitted by Section 15.32.520 (i.e., within the city, from twelve o’clock noon on June 28th until eleven-fifty-nine p.m. on July 4th). Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city. B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which this city may otherwise pursue. C. The imposition of fines related to dangerous fireworks under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less (gross weight) of such dangerous fireworks. D. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust two hundred fifty dollars or twenty-five percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks.

E. Because of the serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. (Ord. 2021-02 § 1 (Exh. A), 2021)

fine and assessment of hazardous materials disposal fee. A. Whenever an enforcement official, police officer, or other person authorized to enforce this code determines that a violation of this code has occurred, the official may issue an administrative citation on a city-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with and under the authority of Sections 1.12.010 through 1.12.110. The administrative fine amount required to be paid by the responsible persons(s) for the first and any subsequent violations within a twelve-month period, and any late charge to be imposed, shall be set by the city council by resolution. B. Each person who is found to be in the possession of, uses, stores, sells and/or displays dangerous fireworks in the amount of twenty-five pounds or less shall be subject to an administrative citation as set forth herein. C. Administrative fine(s) issued pursuant to this chapter shall be due and payable in accordance with Chapter 1.12 and the offender shall be required to abate the violation, and to immediately surrender all dangerous fireworks to the enforcement official. The responsible person(s) , in addition to the administrative fine required to be paid for a violation of this code, shall also be assessed a separate hazardous materials disposal fee which shall be set by the city council by resolution. Payment of the administrative fine shall not excuse or discharge an offender from the duty to immediately abate and correct a violation of this code, nor from any other responsibility or legal consequence for a continuation or repeated occurrence of a violation of this code. (Ord. 2021-02 § 1 (Exh. A), 2021)

Appeals of any administrative order issued by a hearing officer in conjunction with a violation of this chapter under Section 1.12.090 will be handled in accordance with Section 1.12.100. (Ord. 2021-02 § 1 (Exh. A), 2021)

9.24.010 9.24.020 9.24.030 9.24.040 9.24.050 9.24.060