Petaluma Municipal Code Ch. 10.65 Fireworks Host Ordinance

This chapter is entitled and shall be known as the "Fireworks Host Ordinance." (Ord. 2727 NCS §3, 2020.)

A. The city council of the city of Petaluma, pursuant to the city’s police powers under Article XI, Sections 3 and 5

of the California Constitution, and the city charter established pursuant to such sections, has the authority to enact

and enforce laws that promote the public health, safety and general welfare of its residents. The use of Mreworks

in violation of Section 17.20.070, and in particular Section 5608.2, which is one of the local amendments to

Chapter 56 of Part 9 of the 2019 California Fire Code as amended by Section 17.20.070, is potentially harmful to

the persons involved and a threat to public health and safety, quiet enjoyment of residential property and the

general welfare. Persons in Petaluma may unlawfully use Mreworks at private residences or at rented residential

and commercial premises and attend Mreworks gatherings at such premises that are under the control of a person

who knows, or should know, of the unlawful use of Mreworks at the premises.

B. The city council Mnds that persons having possession or control of property may be responsible for unlawful

Mreworks use on private property and for Mreworks gatherings on that property and/or may fail to ensure that

Mreworks are not used on such property and in such gatherings. The city council further Mnds that problems

associated with unlawful Mreworks use and Mreworks gatherings are diOcult to prevent and deter unless peace

oOcers and code enforcement oOcers in the Petaluma police department and in the Mre prevention division of

the Petaluma Mre department have the legal authority to direct hosts to cease unlawful Mreworks use and to

disperse Mreworks gatherings and to cite the responsible persons.

C. Law enforcement personnel have in the past been required to respond to unlawful Mreworks use on private

property and gatherings on private property at which Mreworks were being used unlawfully. Law enforcement

personnel have also received multiple service calls in the same calendar year and/or successive calendar years

concerning such use and such gatherings at the same property. Such calls for service result in a disproportionate

expenditure of public safety resources and delay oOcial responses to other calls for service in the rest of the city.

D. An ordinance that imposes liability on property owners and other responsible persons for unlawful use of

Mreworks and Mreworks gatherings on the property is necessary to deter and prevent such use and such

gatherings. Persons who actively and passively aid, allow, or tolerate such use and such gatherings should be held

liable for permitting such violations of the law and threats to the public health, safety and welfare, the nuisances

created by them and the costs associated with responding to them.

E. The purposes of this chapter include: protecting the public health, safety and welfare by deterring unlawful

Mreworks use, and the health and safety risks such use creates, and reducing the costs to the public of providing

law enforcement response services to unlawful Mreworks use, both in terms of monetary costs and availability of

law enforcement personnel for other calls. These purposes are implemented by the imposition of criminal

penalties for Mreworks hosts as well as the imposition of administrative penalties for Mreworks hosts and

landowners (including landlords) and others in control of private property and the imposition of fees to recover

the costs incurred by the city in providing law enforcement responses to private property where Mreworks are

used unlawfully and Mreworks gatherings occur at properties where previous such use and/or gatherings have

required law enforcement responses.

F. For these reasons, the Petaluma city council declares that unlawful Mreworks use and Mreworks gatherings on

private property are a threat to the public peace, health, safety and general welfare, and a public nuisance as they

aPect at the same time the entire Petaluma community as well as the neighborhoods in which they occur.

(Ord. 2727 NCS §3, 2020.)

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

A. "City" means the city of Petaluma.

B. "Juvenile" means any person under eighteen years of age.

C. "Response costs" means the costs associated with responses by law enforcement and Mrst responders to

private properties where Mreworks are being used in violation of this code, including but not limited to:

1. Salaries and beneMts of law enforcement and Mrst responder personnel for the amount of time spent

responding to, remaining at, or otherwise dealing with reports of unlawful Mreworks use, and the

administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement and Mrst responder personnel injured

responding to, remaining at or leaving the scene of unlawful Mreworks use;

3. The cost of repairing any city equipment or property damage, and the cost of the use of any such

equipment, in responding to, remaining at or leaving the scene of where Mreworks are being used unlawfully;

and

4. Any costs recoverable in accordance with California Civil Code Section 1714.9.

D. "Responsible person" means a person or persons with a right of possession of the residence or other private

property in the city at which unlawful Mreworks use may occur, including, but not limited to, the following:

1. Any owner of the residence or other private property, meaning the record owner of the title to property

as of the time of the unlawful Mreworks use, wheresoever that person or entity may currently reside;

2. A tenant or lessee of the residence or other private property;

3. The person(s) exercising control over the residence or other private property at the time of the unlawful

Mreworks use; and

4. The person(s) who organizes, supervises, oOciates, conducts or controls the unlawful Mreworks use or

any other person(s) accepting responsibility for such use. A responsible person for unlawful Mreworks use

need not be present at such use.

E. "Fireworks gathering" means a party or gathering of two or more persons at a residence or other private

property in the city at which unlawful Mreworks use is occurring when that party or gathering is being conducted in

such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property in a

signiMcant segment of a neighborhood, as a result of conduct constituting a violation of this chapter. Such conduct

constituting a violation of law for purposes of this deMnition includes, but is not limited to, unlawful Mreworks use,

and unlawful Mreworks use coupled with excessive noise, excessive traOc, obstruction of public streets by crowds

or vehicles, or other disturbances of the peace, vandalism, littering, and any other conduct that constitutes a

threat to public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 2727 NCS §3, 2020.)

It is the duty of responsible persons to not knowingly host, permit, or allow unlawful Mreworks use and/or

Mreworks gatherings at a residence or other private property in the city concerning which the responsible person

has a right of possession speciMed in Section 10.65.030(D) and to take all reasonable steps to prevent such

unlawful Mreworks use and/or gatherings at such residence or other private property. Reasonable steps required

pursuant to this section include, but are not limited to: not providing access to or permitting use of Mreworks at

the property or a Mreworks gathering; and supervising the activities of persons and gatherings at the property.

(Ord. 2727 NCS §3, 2020.)

unlawful.

It is unlawful and a public nuisance for any responsible persons to knowingly host, permit, or allow Mreworks use

and/or Mreworks gatherings to occur at private property in the city concerning which the responsible person has a

right of possession speciMed in Section 10.65.030(D) in violation of this chapter. For purposes of this chapter, a

responsible person knowingly hosts, permits or allows Mreworks use or a Mreworks gathering to occur in violation

of this chapter whenever the responsible person is aware a person has used or is using Mreworks unlawfully at the property or a Mreworks gathering is occurring at the property or the responsible person reasonably should have

been aware a person has used or is using Mreworks unlawfully at the property or a Mreworks gathering is occurring

at the property, had the responsible person taken all reasonable steps to prevent such violations of this chapter in

accordance with Section 10.65.040. Violation of this section by any responsible person is subject to the criminal,

civil and/or administrative penalties set forth in this chapter in addition to recovery of response costs in

accordance with Section 10.65.110, and any other applicable penalties under applicable law. It shall be prima facie

evidence that the responsible person knew or should have known of both the unlawful Mreworks use and/or the

Mreworks gathering if the responsible person is present on the property at any point during the use or gathering.

To the full extent permitted by law, owners of properties as deMned in Section 10.65.030(D)(1) shall remain

responsible persons liable for violations of this chapter on such property regardless of any contract or agreement

regarding the property that purports to provide otherwise. (Ord. 2727 NCS §3, 2020.)

Owners, lessees and persons exercising control over private property in the city shall not be deemed responsible

parties liable for violations of Section 10.65.050 in accordance with this chapter if such owners, lessees, or persons

exercising control over private property can demonstrate that at the time of a violation of Section 10.65.050 on the

property, the property was rented or leased to another person, the owner, lessee, or person exercising control

over the property was not present during the violation, and had no prior knowledge that the violation would occur

or knowledge that the violation was occurring. (Ord. 2727 NCS §3, 2020.)

In the event that a juvenile uses Mreworks unlawfully or hosts a Mreworks gathering at a residence or other private

property in the city in violation of this chapter, the parents or guardians of that juvenile will be jointly and severally

liable for any penalties and response costs imposed pursuant to this chapter. (Ord. 2727 NCS §3, 2020.)

Violations of this chapter may be prosecuted as misdemeanors punishable by a Mne of not more than one

thousand dollars or by imprisonment for a period not to exceed six months, or by both Mne and imprisonment. At

the discretion of the charging oOcer and/or city attorney, violations of this chapter may also be charged as

infractions as deMned in Section 19(c) of the California Penal Code. Violations charged as infractions shall not be

subject to imprisonment and shall be subject to a Mne not exceeding Mve hundred dollars for each oPense. If a

peace oOcer or code enforcement oOcer elects to charge a violation of this chapter as a criminal violation, such

oOcer shall issue a criminal citation with a notice to appear, signed by the alleged violator. Alternatively, the city

attorney may prosecute violations of this chapter by Mling a criminal complaint. (Ord. 2727 NCS §3, 2020.)

violations.

Violations of this chapter are declared to be public nuisances. Violations of this chapter may be prosecuted as a

nuisance and enforced by a civil court action as provided in Chapter 1.13 or via administrative enforcement as a

nuisance as provided in Chapters 1.14 through 1.16. Notwithstanding any other provisions of this chapter,

whenever the existence or continuance of any violation of this chapter or any nuisance condition poses an

imminent or immediate threat of harm to persons or property, or to public health, welfare or safety, such violation

or condition may be summarily abated in accordance with Section 1.15.010. Each and every day during any

portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for

purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from

the date the penalty becomes ePective. (Ord. 2727 NCS §3, 2020.)

In addition to the other remedies speciMed in this chapter, violations of this chapter are subject to the

enforcement remedies in Chapters 1.10 through 1.12 and 1.15. In addition, the city expressly reserves the right to

utilize enforcement remedies available under any applicable state or federal statute or pursuant to any other

lawful power of the city. All such remedies shall be alternative to or in addition to or in conjunction with, and not

exclusive of, one another. The election of remedies shall be at the sole discretion of the city. (Ord. 2727 NCS §3,

2020.)

When a peace oOcer or oOcers or code enforcement oOcer makes an initial response to a residence or other

private property within the city where unlawful Mreworks use or a Mreworks gathering is occurring in violation of

this chapter and issues a citation for violation of this chapter, the oOcer shall, in writing, inform any responsible

person(s) at the property that:

A. The unlawful Mreworks use or a Mreworks gathering is in violation of this chapter; and

B. The responsible person(s) may be charged for any response costs incurred for subsequent responses to the

property for unlawful Mreworks use or a Mreworks gathering in violation of this chapter within a twelve-month

period.

This warning will be given to all identiMed responsible persons at the time of the Mrst response to unlawful

Mreworks use or a Mreworks gathering in violation of this chapter where a citation is issued for violation of this

chapter before assessing response costs pursuant to this section for subsequent responses within a twelve-month

period following issuance of the citation. Within thirty calendar days of the initial citation, an additional written warning shall be transmitted via certiMed mail to the record owner of the residence or private property as shown

in the records of the Sonoma County assessor’s oOce.

When a peace oOcer or code enforcement oOcer responds to unlawful Mreworks use or a Mreworks gathering in

violation of this chapter at a residence or other private property within the city within twelve months of a citation

and warning given to responsible person(s) at the same property, and an oOcer issues a second or subsequent

citation pursuant to this chapter, all responsible persons shall be jointly and severally liable for the city’s response

costs concerning such second or subsequent unlawful Mreworks use or a Mreworks gathering that exists in

violation of this chapter, but only to the extent that such responsible person(s) concerning the Mrst citation at such

property remain responsible person(s) for the second or subsequent citation at such property.

(Ord. 2727 NCS §3, 2020.)

Any administrative penalty imposed for violation of this chapter, including any administrative penalties pursuant

to other codes or statutes to which violations of this chapter are subject, and any administrative costs or other

expenses of enforcement, response costs as deMned in this chapter, and the cost or expenses associated with the

abatement of a nuisance condition pursuant to this chapter, may be enforced by the recordation of a lien or

special assessment on the real property where the violation occurred in accordance with and subject to the

requirements of Section 1.14.140. (Ord. 2727 NCS §3, 2020.)

City peace oOcers, including members of the Petaluma police department and members of the Petaluma Mre

department Mre prevention bureau, and city code enforcement oOcers, who have the discretionary duty to

enforce a statute or ordinance, may arrest a person without a warrant pursuant to Penal Code Section 836.5 and

other applicable law, based on reasonable cause to believe the person has committed a violation of this chapter in

their presence, and otherwise enforce violations of this chapter in accordance with the provisions of this chapter

and applicable law. (Ord. 2727 NCS §3, 2020.)

A responsible person charged with violation of this chapter pursuant to Chapter 1.14 shall be entitled to pursue

the appeal procedures set forth in Section 1.14.070 for responsible persons named in notices of violations. (Ord.

2727 NCS §3, 2020.)

This chapter is not intended to impose, and shall not be construed or given ePect in a manner that imposes upon

the city, or any oOcer, employee, agent, or representative of the city, a mandatory duty of care toward persons or

property within or without the city limits, so as to provide a basis of civil liability for damages, except as may

otherwise be imposed by law. (Ord. 2727 NCS §3, 2020.)