Earlier editions: 2026-07
Martinez Municipal Code Ch. 8.52 Fireworks
Martinez Municipal Code · 2026-10 edition · updated 2026-10-04 · Martinez
Cite as: Martinez Municipal Code Chapter 8.52 · Text as of 2026-10-04
§ 8.52.010. Definitions.¶
For the purposes of this chapter the following definitions shall apply:
A.
"Fireworks"
shall be defined as set forth in Health and Safety Code Section 12511.
The term "fireworks" includes the following:
a.
"Dangerous fireworks"
as defined in Health and Safety Code Section 12505.
b.
"Safe and sane fireworks"
as defined in Health and Safety Code Section 12529.
The term "fireworks" excludes the following:
a.
"Exempt fireworks"
as defined in Health and Safety Code Section 12508.
b.
"Party poppers"and "snap caps"
as each is defined in California Code of Regulations, Title 19, section 980.
B.
"Responsible party"
includes but is not limited to:
A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.
A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.
| Notwithstanding this definition, if a residence or other private property is rented or leased for a period of more than 30 consecutive days, the landlord or lessor is not a responsible party unless the landlord or lessor: has possession of, or is in immediate control of, the residence or other private property; or has knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property. |
|---|
C.
"Vessel"
shall be defined as set forth in Harbors and Navigation Code Section 651.
(Ord. No. 1430 C.S., § 1, 6/16/2021)
§ 8.52.020. Prohibition.¶
No person shall possess, manufacture, sell, offer to sell, use, or discharge any fireworks.
(Ord. No. 1430 C.S., § 1, 6/16/2021)
§ 8.52.030. Exceptions.¶
This chapter does not prohibit the proper use of flares by railroad personnel, peace officers, fire officials, or motorists, or the public display of fireworks at a City-sponsored or City-organized event or other event that is permitted by written consent of the City Council.
(Ord. No. 1430 C.S., § 1, 6/16/2021)
§ 8.52.040. Responsible party liability.¶
A responsible party shall maintain, manage, and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs.
(Ord. No. 1430 C.S., § 1, 6/16/2021)
§ 8.52.050. Enforcement.¶
Any violation of this chapter shall be punishable as an infraction in accordance with Section 1.12.010 and enforceable as may be otherwise allowed by law.
(Ord. No. 1430 C.S., § 1, 6/16/2021)
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