San Jose Municipal Code Part 1 Definitions

"Fireworks" means 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. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. "Fireworks" includes both "dangerous fireworks" and "safe and sane" fireworks as defined in the California Health and Safety Code.

(Ord. 29719.)

"Minor charge" is a person under the age of eighteen years for whom a responsible guardian has the legal care, custody or control.

(Ord. 29719.)

"Property" shall mean any private or public property; including but not limited to:

A. A home, yard, balcony, porch, driveway, field, private parking lot, private street, business, or strip mall, whether or not occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented or used with or without compensation.

B. Any property owned or controlled by a public entity, including but not limited to:

1. Recreational areas such as public parks, playgrounds, sports fields, and gardens;

2. Public buildings such as libraries, auditoriums, theaters and City Hall;

3. Public right-of-way and structures on public right-of-way, including but not limited to benches, public bridges, sidewalks, park strips, and curbstones.

(Ords. 29719, 30569.)

"Response costs" means those reasonable and necessary costs directly incurred by public safety or other personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted discharge or illegal storage of fireworks, including but not limited to:

A. Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and

B. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and

C. The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any unpermitted discharge or illegal storage of fireworks.

(Ord. 29719.)

"Responsible guardian" means a parent, guardian or other person having the legal care, custody, or control of his or her minor charge.

(Ord. 29719.)

"Social host" includes but is not limited to:

A. The person(s) who owns, rents, leases, or otherwise has possession or use of the property;

B. The person(s) in immediate control of the property; or

C. The person(s) who organizes, supervises, sponsors, conducts, allows, attends, controls, or controls access to the fireworks gathering on the property.

D. A government entity, including, but not limited to, a municipal corporation, school district, and/or political subdivision, is not a social host.

E. If the property is rented or leased, the landlord or lessor is not covered by this Chapter unless they fall within the category of persons described under Subsection B. or C. herein. A landlord or lessor can only be held responsible under Subsection C. if they have knowledge that the event is a fireworks gathering.

(Ord. 30569.)

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

(Ord. 30569.)