Chapter 9.28 — FIREWORKS

Sections:

• 9.28.010 Use, sale, or discharge of fireworks prohibited.
• 9.28.020 Exceptions for approved public presentations.
• 9.28.030 Liability of property owners.
• 9.28.040 Administrative penalty.
• 9.28.050 State fines.

It is unlawful for any person, firm, non-profit organization, or corporation to possess, store, manufacture, fabricate or assemble, sell, offer for sale, expose for sale, explode, use, or discharge any fireworks, including safe and sane fireworks, as defined in Part 2 of Division 11 of the California Health and Safety Code, within the city. (Ord. 2022-03-1532 § 2)

Upon resolution of the city council and prior written permission from the fire marshal, the public display of fireworks may be permitted. The city council may contract with a person, firm, partnership, or corporation to provide such public display or the city council may authorize by special permit any organization to contract with a person, firm, partnership, or corporation to provide such public display of fireworks upon terms and conditions deemed advisable by the fire marshal and city council. (Ord. 2022-03-1532 § 2)

It is unlawful for any property owner or person in control of property to allow any person to sell, possess, ignite, explode, project, or otherwise fire or make use of fireworks on the property owned by such person or under the control of such person in violation of this chapter, irrespective of such person's intent, knowledge, or negligence, said violation hereby being expressly declared a strict liability offense. In addition to any other penalties provided by law, any person who commits a violation of this section shall be subject to an administrative fine in the amount set forth in this chapter. A property owner or person in control of property shall not be in violation of this section if they seek immediate assistance from the Signal Hill Police Department to report a violation of this chapter. (Ord. 2022-03-1532 § 2)

Any person, firm, non-profit organization, or corporation violating the provisions of this chapter may be issued an administrative citation by an enforcement officer in accordance with the provisions of Chapter 8.13 of this Code. The administrative fine for a violation of this chapter shall be assessed in the amount provided as follows: A. Each person, firm, non-profit organization, or corporation who violates any provision of this Code as it relates to the use, discharge, storage, sale, display and/or possession of up to 100 pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Fine Disposal Charge Total Amount of Fine (Not Including Any Late Charges or Interest)

First $1,000.00 $250.00 $1,250.00 Second $2,000.00 $500.00 $2,500.00 Third $3,000.00 $1,000.00 $4,000.00

B. Each person, firm, non-profit organization, or corporation who violates any provision of this Code as it relates to the storage, sale, display and/or possession of more than 100 pounds and less than 5,000 pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Fine Disposal Charge Total Amount of Fine (Not Including Any Late Charges or Interest) First $5,000.00 $1,000.00 $6,000.00 Second $10,000.00 $1,000.00 $11,000.00 Third $15,000.00 $1,000.00 $16,000.00

C. Each person, firm, non-profit organization, or corporation who violates any provision of this Code as it relates to the storage, sale, display and/or possession of more than 5,000 pounds of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Fine Disposal Charge Total Amount of Fine (Not Including Any Late Charges or Interest) First $10,000.00 $50,000.00 $60,000.00 Second $20,000.00 $50,000.00 $70,000.00 Third $30,000.00 $50,000.00 $80,000.00

D. In the case of a violation relating to dangerous fireworks, the offender shall be required to abate the violation and surrender all dangerous fireworks to the enforcement officer, immediately. E. Payment of the administrative fine shall not excuse or discharge the offender from the duty to immediately abate and correct a violation of the Code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the Code. (Ord. 2022-03-1532 § 2)

Fines collected pursuant to this chapter shall be subject to California Health and Safety Code Section 12726, which provides that 65 percent of all administrative fines or penalties collected by the city shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728. (Ord. 2022-03-1532 § 2)