Chapter 8.44 — FIREWORKS

The use and discharge of fireworks within the town presents a serious hazard to the health, welfare, and safety of residents of the town. This hazard is most pronounced during the Fourth of July seasonal celebration.

Local fire hazard conditions and fire suppression problems require that the use and discharge of fireworks be prohibited within the town. In order to effectively prohibit the use and discharge of fireworks, it is necessary to prohibit the sale of fireworks. If fireworks are readily available within the town, any prohibition on the use of fireworks will be largely ineffective without a massive policing effort. The cost of such a policing effort is prohibitive. In addition, the fire suppression resources necessary to produce such a massive policing effort are largely unavailable during the Fourth of July seasonal celebration. (Ord. 119 §1(part), 1984)

For the purpose of this chapter, the words and phrases, "fireworks," "dangerous fireworks," and "safe and sane fireworks," shall have the respective meanings ascribed to them in Sections 12511, 12505, and 12529 of the Health and Safety Code of the state. (Ord. 119 §1(part), 1984)

Except as provided in this chapter, no person, firm, corporation, or organization shall sell, possess, discharge, or display any fireworks, dangerous fireworks, or safe and sane fireworks within the town. (Ord. 119 §1(part), 1984)

Nothing in this chapter shall be construed as prohibiting the use of torpedoes, flares or fuses by railroads or other transportation agencies for signal purposes of illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonials or demonstrations; or the discharge or display of fireworks by permittees having a permit as provided in this chapter; or the sale, use, or discharge of emergency signaling devices, as defined in Section 12506 of the Health and Safety Code of the state, by any person in an emergency situation; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production; or the transportation of fireworks through the town in regular course, and in original packages or containers from any point outside of the town to any other point outside of the town. (Ord. 119 §1(part), 1984)

A.

Any person desiring to hold a public display of fireworks within the town shall submit an application for permit at least ten days in advance of the display. After such privilege shall be granted, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted under this chapter shall be transferable.

B.

The town manager or his designee shall have the power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks. Every such use or display shall be handled by a competent operator approved by the town manager or his designee and shall be of such character and so located, discharged, or fired as, in the opinion of the town manager or his designee, shall not be hazardous to persons or property.

C.

The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the town manager or his designee for the payment of all damages which may be caused to a person or persons or to property by means of the permitted display, and arising from any acts of the permittee, his agents, employees or subcontractors.

D.

All fireworks that remain unfired after the display is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. (Ord. 119 §1(part), 1984)

Whenever any act is prohibited by this chapter, or is made or declared to be unlawful, or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment; provided, nevertheless, that any such aforesaid violation or offense may be deemed an infraction as defined by Section 19C of the California Penal Code and charged as such in the discretion and at the election of the town prosecuting attorney, in which event the punishment therefor shall not be imprisonment but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Every day any violation of any provision of this chapter continues constitutes a separate offense. (Ord. 119 §1(part), 1984)