Chapter 3-11 — FIREWORKS

Note: Editor's Note: Former Chapter 3-12, Fireworks, was renumbered to be Chapter 3-11 by Ordinance No. 2001-07, 3/19/01.

Article 1

General Provisions(Legislative History: Ordinance No. 87-015, 9/21/87; Ordinance No. 2001-07, 3/19/01 (Sections 3-11-100—3-11-110); Ordinance No. 2007-016, 6/4/07 (Section 3-11-105))

For the purpose of this Chapter, the words and phrases "fireworks," "safe and sane fireworks" and "safe and sane and/or regulated fireworks" shall have the respective meanings ascribed to them in Sections 12500 et seq. of the Health and Safety Code of the State of California.

(a) The manufacture of fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks is prohibited within the City of San Leandro.

(b) It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use,
ignite, discharge, explode, or allow the use on their property or property under their control
any fireworks or safe and sane and/or regulated fireworks within the City of San Leandro
except as provided in this Chapter.

(a) Nothing in this article 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 sale, discharge or display of fireworks by permittees having a permit as hereinafter provided; or the use and display of fire-works 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 City in regular course, and in original packages or containers from any point outside of the City to any other point outside of the City.

(b) Public displays of fireworks may be conducted by permit granted pursuant to Article 2, of this Chapter III.

Article 2

Public Display of Fireworks(Legislative History: Ordinance No. 87-015, 9/21/87; Ordinance No. 2001-07, 3/19/01 (Section 3-11-200))

Any person desiring to hold a public display of fireworks within the City shall submit an application for permit to the City Manager at least 10 days in advance of the display. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

The City Manager shall have the power to adopt reasonable rules and regulations for granting of permits for supervised public displays of fireworks by a jurisdiction, fair association, amusement park or other organization for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the City Manager and shall be of such character and so located, discharged or fired as, in the opinion of the City Manager, shall not be hazardous to persons or property.

The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the City Manager 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 or her agents, employees or subcontractors.

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.

Article 3

Miscellaneous Provisions(Legislative History: Ordinance No. 80-1, 2/4/80; Ordinance No. 80-11, 4/14/80; Ordinance No. 87-015, 9/21/87; Ordinance No. 2001-07, 3/19/01 (Sections 3-11-300, 3-11-305); Ordinance No. 2002-032, 12/9/02 (Section 3-11-305))

The provisions of this Chapter shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division 11 of the Health and Safety Code of the State of California) and other applicable provisions of the laws of the State of California.

Any violation of this Chapter may be abated in the manner provided in Chapter 1-12. Additionally, the City Manager or designee, or any Enforcement Officer as defined in Section 1-12-110, shall have the authority to seize, take, remove, or cause to be removed, all stocks of fireworks offered or exposed for sale, stored, or held in violation of this Chapter. The City may recover, administratively or through appropriate civil action, any costs involved in such seizure, take, or removal, including attorney's fees.