Sebastopol Municipal Code Ch. 8.44 Fireworks Regulations

A. The City of Sebastopol has deemed the use of dangerous and safe and sane fireworks, as defined in California Health and Safety Code Section 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 Sebastopol 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 Section 12500 et seq., with the exception of the use of fireworks with a pyrotechnic license when operating pursuant to and in 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, 25 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 California 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.

As provided in Chapter 15.04 SMC:

F. The City’s Fire Official shall have the power to adopt reasonable rules and regulations for the granting of a single permit for a supervised public display of fireworks by a jurisdiction, fair association, amusement parks, other organizations, or for the use of fireworks by artisans in pursuit of their trade. Such use or display shall be handled by a competent operator approved by the City’s Fire Official and shall be of such character and so located, discharged, or fired, as in the opinion of the City’s Fire Official after proper investigation, so as not to be hazardous to property or endanger any person.

G. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the City’s Fire Official for the payment of all damages which may be caused either to persons or property by reason of the permitted display and arising from any acts of the permittee, his agents, employees, or subcontractors. (Ord. 1133 § 2, 2021)

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

“Dangerous fireworks” shall mean dangerous fireworks as defined in California 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.

“Fireworks” shall mean either dangerous fireworks or safe and sane fireworks.

“Pyrotechnic display” means public fireworks display used in conjunction with special effects, for motion pictures, theatrical and group entertainment productions operated by a professional California State-licensed pyrotechnician, provided such display secures a permit from the Fire Code Official and meets all applicable requirements of California Health and Safety Code.

“Safe and sane fireworks” and “State-approved fireworks” shall mean State-approved fireworks defined in California 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.

“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. 1133 § 2, 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 California Health and Safety Code Section 12562. (Ord. 1133 § 2, 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 Sebastopol except when a permit is issued, in advance, by the Fire Code Official or his or her designee for the exceptions below:

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

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

C. Only one such permit may be granted in any calendar year.

The prohibition on the possession of fireworks in this section shall not apply to manufacturing and transportation activities permitted under SMC 8.44.030. (Ord. 1133 § 2, 2021)

A. It shall be unlawful for any person having the care, custody or control of a minor (under 18 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. 1133 § 2, 2021)

A. This chapter shall be enforced pursuant to the procedures set forth in Chapter 1.04 SMC. The amount of the administrative penalty for violations of this chapter pertaining to fireworks shall be governed by SMC 8.44.070.

B. The Fire Code Official or his/her designee shall enforce the provisions of this chapter. (Ord. 1133 § 2, 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, selling, and/or displaying any dangerous firework, or violates SMC 8.44.040 or 8.44.050 and such violation involves dangerous fireworks, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not exceeding $5,000, or by imprisonment for any term not exceeding one year, or by both such fine and imprisonment.

C. Each person who violates any provisions of this chapter by possessing, using, storing, selling, and/or displaying any safe and sane fireworks or State-approved fireworks, or violates SMC 8.44.040 or 8.44.050 and such violation involves any safe and sane fireworks or State-approved fireworks, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not exceeding $5,000, or by imprisonment for any term not exceeding one year, or by both such fine and imprisonment.

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 25 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 chapter or any other law, statute, ordinance or regulation. (Ord. 1133 § 2, 2021)