§ 4-21

(a) “Explosives” and “Destructive Devices” shall include any items listed as such in: Articles 2 and 77 of the Cal. Fire Code; § 12000 of the Cal. Health & Safety Code; and § 12301 of the Cal. Penal Code. These items include, but are not limited to, the following: (1) Bombs, grenades, explosive missiles, firecracker-type devices containing fifty (50) mg or more of pyrotechnic/explosive composition. (2) Detonators and blasting caps. (3) Firebombs consisting of an ignitable liquid, breakable container and a wick or similar device capable of being ignited. (4) Homemade destructive devices including pipe bombs, chemical bombs, acid bombs, dry ice bombs, etc. (5) Military explosives and explosive devices such as grenades, mines, rockets, missiles, detonation cord. (6) Components to construct or manufacture explosives or destructive devices, including explosives, gunpowder/propellant, pyrotechnic compositions and fuses. (b) “Fireworks” and “Pyrotechnic Devices” shall mean any items or materials listed as such in: Articles 2 and 78 of the Cal. Fire Code; §§ 12500 through 12726 of the Cal. Health & Safety Code; and Chapter 6 of the Cal. Code of Regulations. These items include, but are not limited to, the following: (1) ‘Dangerous fireworks’ as that term is defined by § 12505 of the Cal. Health & Safety Code, which includes, but is not limited to, the following: firecrackers, rockets, skyrockets, Roman candles, and torpedoes among others. (2) ‘Safe and sane fireworks’ as that term is defined by § 12529 of the Cal. Health & Safety Code, which includes, but is not limited to, the following: cones; fountains; smoke bombs; and “Piccolo-Pete” type fountains/cones among others. (3) Homemade fireworks or pyrotechnic devices that are constructed using pyrotechnic compositions/filler with the intent to explode or burn, including fireworks kits and components to construct fireworks or pyrotechnic devices. (4) Military pyrotechnic devices, such as smoke signals and signal flares. (5) Components to construct or manufacture fireworks or pyrotechnic devices including explosives, gunpowder/propellant, pyrotechnic compositions and fuses. (c) “Person” means a natural person, legal entity (such as a partnership, corporation, or joint venture), or any other entity of any nature.

(d) “Responsible person” means a person who causes a violation of this chapter 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. (e) “Use” shall include the acts of lighting, discharging, displaying, or attempting to do any of these. (§ 1, Ord. 2859, eff. May 31, 2007, amended by § 2, Ord. 3029, eff. November 19, 2015)

(a) Any violation of this chapter is punishable as a misdemeanor. All provisions of Chapter 2 of Title 1 of this Code shall apply to this chapter unless contradicted by the specific provisions of this chapter. Responsible persons are considered in violation of this chapter to the same extent as if they committed the violation themselves. (b) No person may use fireworks, pyrotechnic devices, explosives, destructive devices, or the components of fireworks, pyrotechnic devices, explosives, or dangerous devices, without a permit issued by the Fire Department, in any location in the City. (c) No person may possess, store, manufacture, or grant permission to store fireworks, pyrotechnic devices, explosives, destructive devices, or the components of fireworks, pyrotechnic devices, explosives, or destructive devices, without a permit issued by the Fire Department, in any location in the City. (d) The failure of any person to comply with any permit conditions or requirements imposed by the Fire Department for the possession, use, storage or manufacture of fireworks, pyrotechnic devices, explosives, destructive devices, or the components of fireworks, pyrotechnic devices, explosives, or destructive devices is prohibited. (§ 1, Ord. 2859, eff. May 31, 2007, amended by § 2, Ord. 3029, eff. November 19, 2015)

(a) 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 lessee of a residential parcel has a notice of any violation existing on said property. As such, these individuals shall be treated as responsible persons for all violations of this chapter occurring on their real property. (b) For purposes of this chapter, there may be more than one responsible person for a violation. (§ 2, Ord. 3029, eff. November 19, 2015)

(a) Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 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. (§ 2, Ord. 3029, eff. November 19, 2015)

(a) In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine in the amount of One Thousand Dollars ($1,000.00). (b) The provisions and procedures concerning administrative citations set forth in Chapter 5 of Title 1 of the Ontario Municipal Code shall apply to administrative citations issued for violations of this chapter. A violation of this chapter shall constitute a “transient” violation within the meaning of that chapter. To the extent there are any conflicts

between the provisions of the two chapters, the provisions of this chapter shall supersede and control administrative citations issued for violations of this chapter. (§ 1, Ord. 2859, eff. May 31, 2007, amended by § 2, Ord. 3029, eff. November 19, 2015)

(a) Where dangerous fireworks are involved, to the extent this chapter is subject to § 12557 of the Cal. Health & Safety Code, this chapter shall apply only to the seizure of 25 pounds or less of such fireworks. In such cases, in addition to the administrative fines set forth above, violators will be subject to an additional fine to reimburse the Office of the State Fire Marshal for the cost of transportation and disposal of the seized fireworks. In such cases, the citation for the violation of this chapter will indicate that the violator may be responsible for such additional costs. Fines collected in connection with this procedure shall not be subject to § 12706 of the Cal. Health & Safety Code. (§ 2, Ord. 3029, eff. November 19, 2015)