Stanislaus County Municipal Code Ch. 9.84 Fireworks

Unless otherwise indicated, the terms and phrases used in this chapter shall have the same meaning as those terms defined under the State Fireworks Law (Health and Safety Code Sections 12500 et seq.).

(Ord. CS 925 §1, 2005)

Except as otherwise provided in this chapter, no person shall sell, offer for sale, use, discharge, display, possess, store or transport within the unincorporated area of the county, any fireworks, fireworks kits, or dangerous fireworks, by whatever name known.

(Ord. CS 925 §1, 2005)

Notwithstanding any exception set forth in this chapter, the following actions are specifically prohibited:

A. It is unlawful for any person to place, throw, discharge, fire or ignite fireworks at or near any person or group of persons where there is a likelihood of injury to that person or group of persons, or for any person to willfully place, throw, discharge, fire or ignite fireworks with the intent of creating chaos, fear, or panic.

B. It is unlawful for any person under the age of eighteen years to sell, offer for sale, use, discharge, display, possess, store or transport any fireworks unless under the direct supervision of and in the presence of a parent, guardian or other responsible adult over the age of eighteen years.

(Ord. CS 925 §1, 2005)

Public displays of fireworks may be given with a written permit issued by the County Fire Warden, or the fire chief of a fire district within which the display is to be given, or their respective designees, so long as such display takes place under the supervision and direction of a state of California-licensed pyrotechnic operator.

(Ord. CS 925 §1, 2005)

It is not unlawful to use, discharge, display, possess, store or transport within the unincorporated area of the county those fireworks that are defined and classified under the State Fireworks Law as Safe and Sane Fireworks during that time period beginning at twelve noon on June 28th and ending at 11:59 p.m. on July 6th of the same year. This section shall not apply to any property owned or controlled by the county of Stanislaus, including park property as prohibited in Section 18.20.040(B) of this code. The County Fire Warden, or the fire chief of a fire district within which the display is to be given, or their respective designees, may issue a written permit to use, discharge, display, possess, store or transport fireworks during any other period on such conditions as the fire warden or fire chief may prescribe.

(Ord. CS 925 §1, 2005)

It shall not be unlawful to sell, offer for sale, use, discharge, display, possess, store or transport in compliance with all provisions of the State Fireworks Law and regulations adopted by the state fire marshal, those fireworks that are defined and classified under the State Fireworks Law as Agricultural and Wildlife Fireworks, Emergency Signaling Device, Exempt Fireworks, Model Rockets and Model Rocket Engines, and any fireworks or pyrotechnic device exempted under Health and Safety Code Section 12540.

(Ord. CS 925 §1, 2005)

This chapter does not apply to any retailer or wholesaler of fireworks that operates in compliance with the State Fireworks Law and the Stanislaus County Code.

(Ord. CS 925 §1, 2005)

The division of authority for enforcement of this chapter shall be as follows:

A. The fire warden and a chief of any fire protection district or their designated representatives, or any peace officer, shall have authority to enforce the provisions of this chapter and issue citations for violations in their respective districts.

B. The County Fire Warden or his or her designated representative, shall have authority to enforce this chapter in any area lying outside the jurisdictional boundary of any fire protection district.

C. The County Fire Warden or his or her designated representative, shall have authority to enforce this chapter in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.

(Ord. CS 925 §1, 2005)

A. Notwithstanding any other section of this code, and with the exception of the fourth and subsequent violation of this chapter within one year as provided in subsection C of this section, the violation of any of the provisions of this chapter is an infraction.

B. Every violation of any provision of this chapter constituting an infraction is punishable as follows:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of this chapter within one year; and

3. A fine not exceeding five hundred dollars for a third violation of this chapter within one year.

C. The fourth and each subsequent violation of this chapter within one year shall constitute a misdemeanor punishable by a fine not exceeding one thousand dollars or imprisonment in the county jail for not more than six months, or both.

D. A person is guilty of a separate offense for each day during which he commits, continues, or permits a violation of this part or any provision of, or any order, regulation issued pursuant to, this chapter.

(Ord. CS 925 §1, 2005)

A. The fire warden or the chief of the fire district in whose jurisdiction prohibited fireworks are located, or their respective designees may prevent, stop, or cause to be stopped, any public display in progress, or any proposed public display, when the location, discharge, or firing of such public display is determined by him or her to be hazardous to property or dangerous to the public.

B. The fire warden or the chief of the fire district in whose jurisdiction prohibited fireworks are located, or their respective designees, may seize, take, remove or cause to be removed all stocks of prohibited fireworks offered or exposed for sale, stored, transported or held in violation of this chapter. The official or agency authorized to enforce the provisions of this chapter may charge any person, firm, or corporation, whose fireworks are seized pursuant to this section, an amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks. Pursuant to Health and Safety Code Section 12723, any fireworks seized shall be held in trust for the state fire marshal. Pursuant to Health and Safety Code Section 12724, any person whose fireworks are seized under the provisions of this chapter may, within ten days after seizure, petition the state fire marshal to return the fireworks seized upon the ground that the fireworks were illegally or erroneously seized.

(Ord. CS 925 §1, 2005)

This chapter is not the exclusive regulation for fireworks within the unincorporated area of the county. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore and hereafter enacted by the county, the state, or any other legal entity or agency having jurisdiction.

(Ord. CS 925 §1, 2005)