St. Helena Municipal Code Ch. 8.40 Fireworks

Sections:

• 8.40.010 Purpose and findings. 8.40.020 Definitions. 8.40.030 Prohibition. 8.40.040 Exceptions.

• A. Fireworks present a significant hazard to the city of St. Helena, the environment and the safety of its citizens.

B. It is in the city’s best interest to prohibit the sale, use, possession and discharge of fireworks, including “safe and sane fireworks.”

C. The purpose of this chapter is to establish a prohibition on the sale, use, possession and discharge of fireworks in the city of St. Helena.

D. California Health and Safety Code Section 12500 et seq. provides for regulation of the manufacture, classification and, in part, sales of safe and sane fireworks by the California State Fire Marshal and California Health and Safety Code Section 12541.1 allows local jurisdictions to prohibit or otherwise regulate sale based upon local conditions.

E. In 2017 and previously, the Napa Valley has experienced devastating wildfires. The city of St. Helena is surrounded by woodlands and brush-covered lands so that fireworks present a significant fire hazard to the environment and the safety of its citizens.

F. All jurisdictions in the Napa Valley and many jurisdictions elsewhere have already banned fireworks. (Ord. 18-2 § 1 (Exh. A))

As used herein, the words and phrases “fireworks” and “safe and sane fireworks” shall have the meanings ascribed to them in Section 12500 et seq. of the California Health and Safety Code. (Ord. 18-2 § 1 (Exh. A))

The sale, use, possession and discharge of fireworks, including, but not limited to, safe and sane fireworks, are prohibited within the city of St. Helena. It shall be unlawful for any person to sell, offer for sale, purchase, discharge or otherwise use fireworks within the city of St. Helena except as provided in this chapter. (Ord. 18-2 § 1 (Exh. A))

A. Nothing in this chapter shall be construed as prohibiting the sale, use, or discharge of any of the following: torpedoes, flares, or fuses by railroad or other transportation or law enforcement agencies for signal purposes or illumination; blank cartridges for ceremonial purposes, athletic, or sports events or military ceremonies or demonstrations; fireworks by permittees having a permit as hereinafter provided; agricultural and wildlife fireworks as defined in California Health and Safety Code Section 12503; or to those subjects identified in California Health and Safety Code Sections 12540(a) through (d).

B. Public displays of fireworks may be conducted by permit granted pursuant to Title 19 of the California Code of Regulations. (Ord. 18-2 § 1 (Exh. A))