Newark Municipal Code Ch. 7.24 Fireworks

The following definitions shall apply to this chapter.

"Safe and sane fireworks" means those fireworks defined and classified in Sections 12529 and 12562 of the Health and Safety Code, as those sections may be amended from time to time.

"Social host" means any of the following:

1. Any owner of private property as listed on the most recent county assessment roll;

2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

"Strictly liable" means liability for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act.

(Ord. No. 535, § 2, 3-24-2022)

Fireworks other than safe and sane fireworks are prohibited. Except as permitted by the city, it is unlawful for any person, corporation, or entity to possess, store, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode, or allow the use on their property or property under their control, any fireworks except safe and sane fireworks.

(Ord. No. 535, § 2, 3-24-2022)

Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks, or safe and sane fireworks in violation of this code, at their property or gathering; except that:

A. No owner of private property shall be liable under this section for a violation of this chapter if the property owner can demonstrate that at the time of such violation they:

1. Had rented or leased the property to another,

2. Were not present, and

3. Had no prior knowledge of the violation.

B. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations of this chapter occurring in the common areas of the property.

(Ord. No. 535, § 2, 3-24-2022)

A. Any person or entity who violates this chapter shall be guilty of a misdemeanor, punishable by any remedy authorized by this code or applicable law, at the election of the city.

B. Notwithstanding anything in this code to the contrary, a violation of this chapter may be punishable by a fine of up to one thousand dollars per violation. For the purposes of this section, each use or discharge of a firework in violation of this chapter shall be a separate violation.

C. A fine for violating this section may be issued to administratively in accordance with Chapter 7.18 (Administrative Citations) and any person receiving a fine pursuant to this section shall be entitled to the hearing procedures contained therein.

(Ord. No. 535, § 2, 3-24-2022)