Oakley Municipal Code Art. 1 Fireworks

For purposes of this chapter, the following definitions shall apply:

a.

"Fireworks"

means 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 is not limited to, devices designed by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke parts, aerial bombs, and firework kits. "Fireworks" includes both "dangerous fireworks" and "safe and sane" fireworks as those terms are defined in the California Health and Safety Code.

b.

"Property"

means any private property, including but not limited to a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented or used with or without compensation.

c.

"Responsible person"

includes, but is not limited to:

The person or persons who owns, rents, leases or otherwise has possession of the residence or other private property; and

The person or persons in immediate control of the residence or other private property; and

The person or persons who organize, supervise, sponsor, conduct, allow, control or controls access to the unlawful use, discharge, possession, storage or sale of fireworks; and

Any "responsible person" as defined in Section 1.5.202(i).

(Ord. 05-21, 6/8/2021)

a. It is unlawful and a public nuisance for any person to use, discharge, possess, store or sell fireworks on public or private property without a written, advance authorization issued by the Chief of Police for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, or other organization.

b. It is unlawful and a public nuisance for a responsible person to allow the use, discharge, possession, storage or sale of fireworks on private property when the responsible person knows or should know of the use, discharge, possession, storage or sale of fireworks at the property.

(Ord. 05-21, 6/8/2021)

Violations of this article are punishable as set forth in Chapters 1.5 and 1.6, except that citations for violations of this article shall impose a $1,000 fine. Nothing in this article limits any of the penalties provided in the California Health and Safety Code or California Penal Code with regard to the unlawful use, discharge, possession, storage or sale of fireworks.

(Ord. 05-21, 6/8/2021)

This article does not forbid or control acts or matters expressly allowed, permitted, or licensed under State law; nor does it allow acts or matters more strictly forbidden or controlled by State law or by local fire regulations.

(Ord. 05-21, 6/8/2021)