Rohnert Park Municipal Code Ch. 9.49 Fireworks Regulations

Footnotes:

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Editor's note— Ord. No. 954, § 2, adopted Apr. 27, 2021, repealed the former Ch. 9.49, §§ 9.49.010—9.49.200, and enacted a new Ch. 9.49 as set out herein. The former Ch. 9.49 pertained to similar subject matter, and derived from Ord. No. 938, § 13, adopted Nov. 26, 2019; and Ord. No. 948, §§ 4—6, adopted June 2, 2020. Ord. No. 954 was adopted by the City Council on April 27, 2021. A referendum was filed and the ordinance was approved by a vote of the electorate in an election held on September 14, 2021. The Council declared the election results on October 26, 2021, and the ordinance became effective on November 5, 2021.

A. The City of Rohnert Park has deemed the use of dangerous and safe and sane fireworks, as defined in Health and Safety Code Sections 12500 et seq., to pose a risk to public health and safety, and prohibits the use of any kind of firework by members of the general public. The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires.

B. This chapter provides for the regulation of the manufacture, transportation, possession, use, and sale of fireworks within the City of Rohnert Park and the imposition, enforcement, collection, and administrative review of administrative fines, related to the possession, use, storage, sale and/or display of fireworks, including those classified as "dangerous fireworks" and "safe and sane fireworks" as defined in California Health and Safety Code Sections 12500 et seq., with the exception of the use of fireworks with a pyrotechnic licensee when operating pursuant to and accordance with the terms of that license.

C. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized under this chapter; and the issuance of a citation to any person constitutes but one remedy to redress violations of this code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code or state law by any person.

D. The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty-five pounds or less (gross weight) of such dangerous fireworks.

E. Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706. However, the city shall provide cost reimbursement to the state fire marshal for the transportation and disposal of "dangerous fireworks" seized by the city where applicable. These costs will be included in addition to any administrative fines imposed under this chapter.

(Ord. No. 954, § 2, 4-27-2021)

As used in this chapter, the following words and phrases shall have the following meanings:

A. "Dangerous fireworks" shall mean dangerous fireworks as defined in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated by reference.

B. "Fireworks" shall mean either dangerous fireworks or safe and sane fireworks.

C. "Pyrotechnic displays" means public firework displays or displays used in conjunction with special effects, for motion pictures, theatrical and group entertainment productions operated by a professional California state licensed pyrotechnician, provided such displays secure a permit from the fire code official and meet all applicable requirements of California Health and Safety Code.

D. "Safe and sane fireworks" and "state-approved fireworks" shall mean state-approved fireworks defined in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference.

E. "Social host" means:

1. Any owner of private property as listed on the most recent assessment roll;

2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property, and if such person is a minor, then that person's parents or legal guardians.

F. "Strictly liable" means liable for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act.

(Ord. No. 954, § 2, 4-27-2021)

The manufacturing and/or transportation of any fireworks is prohibited, except by a person who has been issued a permit by the office of the state fire marshal or is otherwise permitted to do so pursuant to provisions of state law, and such manufacturing or transportation is being performed in compliance with applicable requirements of the California Fire Code and Vehicle Code. Travel outside of state-approved routes shall be subject to the approval of a permit issued by the fire code official in accordance with Health and Safety Code section 12652.

(Ord. No. 954, § 2, 4-27-2021)

The possession, storage, sale and use of any dangerous or safe and sane fireworks, shall be prohibited by any person throughout the City of Rohnert Park except when a permit is issued, in advance, by the fire code official or his or her designee for the exceptions below:

1. Storage and handling of fireworks in accordance with Section 5605 of the California Fire Code.

2. The use of fireworks for pyrotechnic displays in accordance with Section 5608 of the California Fire Code.

The prohibition on the possession of fireworks in this section shall not apply to manufacturing and transportation activities permitted under Section 9.49.030.

(Ord. No. 954, § 2, 4-27-2021)

A. It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years old) to permit such minor to discharge, explode, fire or set off any fireworks, at any time.

B. Any person having the care, custody, or control of a minor shall be strictly liable for any unlawful ignition, use, or discharge of any fireworks.

(Ord. No. 954, § 2, 4-27-2021)

A. No social host shall suffer or permit any persons to use fireworks:

1. On property that is either owned by the social host or occupied or otherwise used by the social host pursuant to a lease, permit, license, rental agreement, or contract; or

2. At any gathering on public or private property that is hosted, organized, supervised, officiated, conducted, or sponsored by the social host, except for pyrotechnic displays that are permitted in accordance with Section 9.49.040.

B. It is the duty of any social host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of fireworks by that social host's guests or invitees.

C. No social host shall, with respect to private property where fireworks are used, be liable for a violation of this section if the social host can demonstrate that at the time of such violation the social host:

1. Had rented or leased the property to another;

2. Was not present; and

3. Had no prior knowledge of the violation.

D. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations occurring in the common areas of the property.

E. Nothing in this section shall limit the liability of any social host for a violation of Section 9.69.040 or 9.69.050 by the social host.

(Ord. No. 954, § 2, 4-27-2021)

A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1.25 of this code. The amount of the administrative penalty for violations of this chapter pertaining to fireworks shall be governed by Section 9.49.080.

B. The fire code official or his/her designee shall enforce the provisions of this Chapter 9.49.

(Ord. No. 954, § 2, 4-27-2021)

A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

B. Each person who violates any provisions of this chapter by possessing, using, storing, and/or selling, displaying of any dangerous firework, or violates Sections 9.49.050 or 9.49.060 and such violation involves dangerous fireworks, shall be subject to the imposition and payment of an administrative fine of one thousand dollars per occurrence, a late charge of two hundred fifty dollars if the fine is not timely paid in accordance with chapter 1.25.

C. Each person who violates any provisions of this chapter by possessing, using, storing, and/or selling, displaying of any safe and sane fireworks or state-approved fireworks, or violates Sections 9.49.050 or 9.49.060 and such violation involves any safe and sane fireworks or state-approved fireworks, shall be subject to the imposition of payment of an administrative fine, and a late charge if the fine is not timely paid in accordance with Chapter 1.25, as provided below:

D. In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the state fire marshal for the transportation and disposal of any fireworks seized from the person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the office of the state fire marshal at the time a person is cited for possession of dangerous fireworks under this code, the city will reserve twenty-five percent of any fine collected under this provision to cover the actual cost of disposal to the office of the state fire marshal.

E. Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this article or any other law, statute, ordinance or regulation.

(Ord. No. 954, § 2, 4-27-2021)