Richmond Municipal Code Ch. 11.05 Fireworks

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context specifically indicates otherwise:

(a) "Dangerous fireworks." Those fireworks listed and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time.

(b) "Exempt fireworks." Any special item containing pyrotechnics compositions which the State Fire Marshal, with the advise of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial or agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.

(c) "Fireworks." 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. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rocket, Daygo bombs, M-80s, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, fireworks kits and firecrackers. This term includes both "dangerous fireworks" and "safe and sane" fireworks.

(d) "Safe and sane fireworks" or "State-approved fireworks." Any fireworks that do not come within the definition of "dangerous fireworks" or "exempt fireworks."

(Ord. No. 21-11 N.S., § 1, 9-20-2011)

It is unlawful and a misdemeanor for any person or entity to possess, sell, give away, store, use, display, display for sale, explode, ignite or discharge any fireworks within the City limits except by valid permit as "exempt fireworks" or by a valid special event permit for a public event authorized by the City.

(a) Any special event permit or exempt fireworks permit is not transferable and shall only be valid for the date of the specific event.

(b) In addition to criminal action, any person or entity who possesses, sells, gives away, stores, uses, displays, displays for sale, explodes, ignites or discharges any fireworks in violation of this chapter is subject to Administrative Citations as set forth in Chapter 2.62.

(Ord. No. 21-11 N.S., § 1, 9-20-2011)

Any peace officer, fire marshal or the Richmond Fire Chief or his or her designee, may seize, take, remove or cause to be removed any fireworks possessed, used, stored or displayed in violation of this chapter.

(Ord. No. 21-11 N.S., § 1, 9-20-2011)