Santa Paula Municipal Code Ch. 103 Fireworks

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.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

The most current adopted definitions set forth in the State Fireworks Law (Cal. Health and Safety Code §§ 12500 et seq.) will define the terms used in this chapter unless otherwise modified herein.

DANGEROUS FIREWORKS. Any fireworks specified as such in § 12505 of the Cal. Health and Safety Code, including any safe and sane fireworks altered in a manner such that they fall within the definition of dangerous fireworks.

FIRE CHIEF. The Ventura County Fire Protection District Division Chief, or any successor title given, whose jurisdiction includes the City of Santa Paula.

PERSON. Means and includes natural person(s), trusts, estates, firms, corporations, partnerships, associations, or other forms of business organizations or groups.

POLICE CHIEF. The Police Chief of the City of Santa Paula or his or her authorized representative(s).

RESPONSIBLE PERSON. A person who owns, leases, rents, occupies, has charge of, or possesses a public or private property at which fireworks, including both dangerous fireworks and safe and sane fireworks, are ignited, used, discharged, or displayed.

SAFE AND SANE FIREWORKS. Any fireworks specified as such in § 12529 of the Cal. Health and Safety Code.

STRICTLY LIABLE. Liability for a wrongful act irrespective of such person's intent, knowledge, negligence, or lack thereof in committing the wrongful act.

TENANT. A person who has the right to use, possess, or occupy a unit or space under a lease, rental agreement, or contract.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

No person shall ignite, use, discharge, or display any dangerous fireworks within the city without a permit issued by the Fire Chief pursuant to § 12640 of the Cal. Health and Safety Code.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

No person shall ignite, use, discharge, or display any safe and sane fireworks within the city.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

(A) Any person having the care, custody, or control of a minor shall be strictly liable for the minor's unlawful ignition, use, discharge, or display of dangerous fireworks or safe and sane fireworks in violation of this chapter. A minor is a person under 18 years old.

(B) Any responsible person, such as a tenant, shall be strictly liable for any unlawful ignition, use, discharge, or display of any dangerous fireworks or safe and sane fireworks in violation of this chapter at his or her property; except that:

(1) No owner of private property shall be liable under this division (B) for a violation of this chapter on that property if the owner can demonstrate at the time of such violation that the owner (i) had rented or leased the property to another; (ii) was not present; and (iii) had no prior knowledge of the violation.

(2) No tenant of a multifamily residential property shall be liable under this division (B) for violations of this chapter occurring in the common areas of the property.

(3) Nothing in this division (B) shall limit the liability of any responsible person for a violation of this chapter by the responsible person.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

This chapter is not the exclusive regulation for fireworks within the city. This chapter shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the City of Santa Paula, the Ventura County Fire Protection District ("District") (including the District's Ordinance No. 31 which prohibits all fireworks, including those labeled as "safe and sane" (See District Ordinance No. 31, § 5601.1.3)), the State of California, or any other legal entity or agency having jurisdiction. Where allowed by law, this chapter supersedes any conflicting provision of the California Fire Code and California Building Code.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)

(A) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than $500 nor more than $1,000, or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for one year.

(B) Any violation of this chapter is hereby declared to be a public nuisance.

(C) Any violation of this chapter is punishable by administrative citation pursuant to Chapter 14 of this code entitled Administrative Citations with administrative citation fine amounts to be established by City Council resolution, which may be amended from time to time.

(D) Causing, permitting, aiding, abetting, or concealing a violation of this chapter shall also constitute a violation.

(E) The assigned Fire Chief and the Police Chief are authorized to enforce the provisions of this chapter. The assigned Fire Chief and the Police Chief shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The assigned Fire Chief and the Police Chief may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.

(F) A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.

(G) The remedies provided by this chapter are cumulative and in addition to any other remedy available at law or in equity.

(H) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to fireworks.

(Ord. 1300, passed 8-19-20; Am. Ord. 1344, passed 5-21-25)