Suisun City Municipal Code Ch. 8.04 Fireworks

Footnotes:

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Editor's note— Ord. No. 722, § 1, adopted November 20, 2012, amended Ch. 8.04, §§ 8.04.010—8.04.060, in its entirety. Former Ch. 8.04 pertained to similar subject matter and was derived from Ord. No. 721, § 1, adopted April 17, 2012.

The following words and phrases, as used in this chapter, are defined as follows:

A. "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, California Code of Regulations, and Subchapter 6, which are hereby incorporated by reference.

B. "Fireworks stand" shall mean any structure of a temporary nature used in the sale, offering for sale or display for sale of "safe and sane fireworks."

C. "Fireworks wholesaler" shall mean any person, other than an importer, exporter or manufacturer, who purchases fireworks from a manufacturer, importer or exporter for resale to a retailer or any other person for resale, or any person who sells fireworks to other wholesalers or retailers for resale.

D. "Nonprofit organization" shall mean any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment, religious, athletic or charitable purposes pursuant to the Internal Revenue Code or state revenue and taxation code, or a group that is an integral part of a recognized national organization having such tax-exempt status, or an organization affiliated with and officially recognized by an elementary school, middle school and/or high school and/or school district that serves, in whole or in part, the residents of the city.

E. "Person" shall mean a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this Code occurred.

F. "Serving Suisun City residents and businesses" shall be determined by, but not limited to, principal or permanent location within city limits, a significant service population of city residents, and a significant percentage of members residing in or owning businesses in the city.

G. "Qualified applicants" shall mean any group or organization that has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell required by this chapter, and that continues to meet the criteria for the duration of any permit to sell issued by the city pursuant to this chapter:

1. The organization shall be a nonprofit organization. Only one application per nonprofit organization will be allowed. If an organization is affiliated with a recognized educational institution as defined in this section, but maintains a separate tax-exempt status with the Internal Revenue Service or the state franchise tax board, said nonprofit organization shall be allowed a separate application.

2. The organization shall be organized primarily for educational, youth development, veterans, patriotic, welfare, civic betterment, religious, athletic, or charitable purposes. City council, at its discretion, may determine priorities and preferences amongst the population served by the nonprofit organization for purposes of selecting organizations to sell fireworks pursuant to this chapter.

3. Has a minimum bona fide membership of at least ten members who have agreed to participate and staff a fireworks sales stand.

4. Has not been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law within 24 calendar months prior to the organization's submittal of an application for a permit to sell fireworks.

5. Has not had a permit to sell fireworks revoked within 24 months prior to the organization's submittal of an application for a permit to sell fireworks.

H. "Safe and sane fireworks" (or "state-approved fireworks") shall mean "safe and sane fireworks" as set forth in California Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, California Code of Regulations, Subchapter 6, which are hereby incorporated by reference.

I. "Designated sales period" is the applicable period set forth in the current city council resolution during which sane and sane fireworks may be sold.

J. "Property" shall mean:

1. Private property including: A home, yard, apartment, condominium, hotel, or motel room or other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

2. Public property such as rented or reserved public facilities including space at a public park or beach.

K. "Social host" means any of the following:

1. Any owner of property as listed on the most recent assessment roll;

2. Any person who has the right to use, possess or occupy a property under a lease, permit, license, rental agreement, reservation or contract; or

3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering.

(Ord. No. 722, § 1, 11-20-2012; Ord. No. 772, § 3, 6-16-2020; Ord. No. 773, § 2, 8-4-2020)

It is unlawful to possess, sell, or discharge any and all fireworks, as defined by the California Health and Safety Code, and the California Fire Code as adopted by the city, or to permit the same, within the city limits unless specifically allowed in this chapter.

(Ord. No. 722, § 1, 11-20-2012; Ord. No. 772, § 4, 6-16-2020; Ord. No. 773, § 3, 8-4-2020)

Any specific pyrotechnic devices or compositions enumerated in the California Health and Safety Code shall be exempt from the provisions of this section whenever the state fire marshall, with the advice of the state board of fire services, has investigated and determined the pyrotechnic devices or compositions to be limited to industrial, commercial and agricultural use, or for religious ceremonies, and when authorized by a permit granted by the city, as provided for by Section 12508 of the California Health and Safety Code. (Ord. 477 § 1(part), 1983)

(Ord. No. 722, § 1, 11-20-2012)

A. The fire chief shall have the authority to grant permits for those activities enumerated in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency, fair association, amusement park, or other organization, private company, or private individual, or for the use of fireworks by artisans in pursuit of their trade. The fire chief may grant permits for the use of theatrical, and/or special effects pyrotechnics in entertainment productions with or without a live audience, or a video or cinematic production.

B. Each such use or display shall be handled by a properly licensed class of pyrotechnic operator (as defined by Section 12527 of the California Health and Safety Code), and shall be of such character and so located, discharged or fired as approved by the fire chief, to not be hazardous or endanger any property or persons.

C. Application Fee and Permit Fees for Public Fireworks Displays.

1. Every application for a permit to conduct a public display of fireworks or for other use of fireworks as permitted by this section shall be accompanied by a non-refundable fee. (See master fee schedule).

2. Permit fees will be based on an initial fee (see master fee schedule) and required standby fees for city departments, including, but not limited to, fire, police and public works, as determined by the nature of the event and required municipal services.

3. Forms, processes and procedures shall be developed by the city manager, consistent with policy directives of the city council.

(Ord. No. 722, § 1, 11-20-2012)

A. It shall be lawful to possess, sell, use, display or discharge, within the city, those fireworks defined and classified as "safe and sane fireworks" (or "state-approved fireworks") in the California State Fireworks Law (Sections 12500, et seq., of the California Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) during that time period specified in this chapter.

B. Safe and Sane Fireworks Use—Limitation on Places and Hours of Discharge.

1. It shall be unlawful to discharge any "safe and sane fireworks" except during the hours established in the current city council resolution.

2. It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use, any "safe and sane fireworks," or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent or to ignite, discharge, project or otherwise fire or make use of any "safe and sane fireworks" within ten feet of any residence, dwelling, or other structure.

3. It shall be unlawful for any person to ignite, discharge, and project or otherwise fire or use any "safe and sane fireworks," or permit the ignition, discharge or projection thereof on any public park and/or city-owned property except in designated areas determined by order of the city manager or designee.

4. Additionally, it shall be unlawful for any person to ignite, discharge, project, or otherwise fire or use any "safe and sane fireworks," or permit the ignition, discharge or projection thereof at any location in the city within the city waterfront district, more specifically during the hours of any public event commemorating Independence Day. For purposes of this section, the waterfront district shall be the area bounded by Morgan Street, Main Street, Lotz Avenue and Civic Center Boulevard (including Day Park), excluding designated discharge locations designated by the fire chief.

C. Each year the fire chief may present for city council approval a list of designated areas or city property for the public's use of "safe and sane fireworks."

D. No fireworks shall be discharged in "high fire hazard areas," as designated by the fire chief.

E. Safe and Sane Fireworks—Supervision of Minors. 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 "dangerous fireworks," at any time, or to permit such minor to discharge or set off any "safe and sane fireworks" unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this chapter.

F. Safe and Sane Fireworks Sale During the Designated Sales Period—Submission of Applications by Qualified Applicants.

1. No nonprofit organization shall submit more than one application for a permit. If the city receives two or more applications containing the same tax identification number, only one application shall be accepted. If more than one application is submitted on behalf of any nonprofit, all such requests shall be voidable at the discretion of the city manager.

2. Each application will be screened by the city manager to determine if the nonprofit organization submitting it meets the criteria to be classified as a "qualified applicant."

3. Every application for a permit shall be accompanied by a non-refundable application fee as set forth in the city's master fee schedule as imposed by this chapter. This application fee shall be in addition to any permitting and regulatory fees imposed by this chapter.

4. All applications for fireworks sales permits shall be submitted in writing to the city clerk on forms supplied by the city. The application shall be made in duplicate. The original of the application shall be retained by the city clerk and one copy shall be transmitted to the city manager.

5. Applications for fireworks sales permits will be reviewed by the fire department, police department, and the city clerk, as needed, pursuant this chapter. Fireworks sales permits shall be issued by the fire chief.

G. Safe and Sane Fireworks Sales—Denial of Application. any denial of a permit pursuant to this section may be appealed pursuant to the procedures set forth in chapter 1.20.

H. Safe and Sane Fireworks—Prerequisite for Issuance of Fireworks Sales Permit.

1. The maximum number of permits that may be issued to qualified applicants and the maximum number of "safe and sane fireworks" stands that will be permitted pursuant to this chapter during any one calendar year shall be determined by resolution of the city council.

2. The city council shall determine by directive the method and procedure for selection of nonprofit organizations to which permits shall be issued.

3. Two or more eligible nonprofit organizations may jointly submit an application pursuant to this chapter and may jointly receive a permit to sell fireworks pursuant to this chapter. In addition, if a qualified applicant is selected as a permittee, it may select one or more other qualified applicants to join it in a joint venture operation of the fireworks stand and jointly receive a permit to sell fireworks pursuant to this chapter.

4. Permits issued pursuant to this section are valid only during the calendar year issued.

5. The city fireworks sellers permit is a temporary vendor's permit is for the sales of safe and sane fireworks, and other celebratory items (that have been approved by the fire chief and community development director) and t-shirts bearing the wholesaler's corporate logos. No other merchandise shall be sold from the fireworks stand.

6. Prior to the issuance of a permit pursuant to this chapter, and in addition to those other requirements set forth in this chapter and required by the city manager in order to implement this chapter, a qualified nonprofit organization shall demonstrate compliance with all of the following in order for a permit to be issued:

a. Provide to the city a copy of the requisite retail sales permit issued by the office of the state fire marshal;

b. Payment to the city of the permit/license fee at the amount established by resolution of the city council and as set forth in the master fee schedule;

c. Payment to the city of the regulatory fees in the amount established by resolution of the city council and as set forth in the master fee schedule;

d. Provide to the city a copy of the permittee's state board of equalization temporary sales tax permit.

e. Provide evidence of valid insurance policies in a form and amount, and with coverage types required by the city. Such policies shall name the city, its officers, officials, agents, and employees as additional insured. Such policies shall be paid for and maintained in full force and effect by the permittee throughout the term a fireworks sales permit.

f. Provide to the city a written plan that indicates hours of operation of the stand, number of staff on duty and a budget to show reasonable expenses.

7. The continued validity of any city permit issued pursuant to this chapter shall be subject to the requirement that at least one or more representatives of each nonprofit organization shall attend a "safe and sane fireworks" stand operator safety seminar supervised by the fire department and conducted by each licensed fireworks wholesaler that is supplying "safe and sane fireworks" to the nonprofit organization. The failure of a nonprofit organization to comply with this provision shall result in the revocation of its permit to sell "safe and sane fireworks."

J. Safe And Sane Fireworks—Temporary Fireworks Stand. All retail sales of "safe and sane fireworks" shall be permitted from within a temporary fireworks stand, and retail sales from any other building or structure is hereby prohibited. Temporary stands shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition.

K. Safe and Sane Fireworks—Operation of Fireworks Stand.

1. No person shall knowingly sell fireworks to any person under the age of 18 years. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this chapter shall be a defense for any proceedings for suspension or revocation of its fireworks sales permit or any criminal proceedings for violations of this chapter. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government that contains a photograph of the purchaser, including, but not limited to, a valid state driver's license or identification card issued to a member of the Armed Forces.

2. Dates and hours of the sale of "safe and sane fireworks" shall be consistent with the current city council resolution.

3. No person other than the individuals who are members of the permittee and/or joint venture nonprofit organization(s) or the spouses, parents or adult children of such members shall sell or otherwise participate in the sale of "safe and sane fireworks" inside such fireworks stand.

4. No person under the age of 18 years shall sell or participate in the sale of "safe and sane fireworks" within such fireworks stand. This will include stocking the stand, moving, removing and storing product at the end of the sales period.

5. No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of "safe and sane fireworks" for selling or otherwise participating in the sale of "safe and sane fireworks" at such fireworks stand; provided, however, that compensation may be paid for licensed security personnel during sale or non-sale hours and to the party authorizing the location of the stand on its property.

6. All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the fire chief.

7. When the fireworks stand is not being used for sale and/or display of fireworks, a reinforced, heavy metal, fully enclosed, walk-in type container, or its equivalent, as approved by the fire chief, shall be used to store fireworks.

8. Fireworks stands may be put in place by the permittee on the date and time specified in the current city council resolution.

9. The fireworks stand shall be removed from the temporary location on the date and time specified in the current city council resolution. All unsold fireworks and accompanying litter shall be cleared from the location on the date and time specified in the current city council resolution. If the permittee does not remove the stand and/or clean the sales site as required by this chapter, the city may do so, or cause the same to be done, and the reasonable cost thereof shall be charged against the permittee.

10. Each fireworks stand must post in a prominent location inside the fireworks stand:

a. City fireworks sales permit,

b. Temporary sales tax permit from the state board of equalization,

c. State fire marshal retail sales permit, and

d. Proof of required insurance.

11. All weeds and combustible material shall be cleared from the location of the fireworks stand, including a distance of at least 25 feet surrounding the fireworks stand.

12. "NO SMOKING within 25 feet" signs shall be prominently displayed on the fireworks stand. Such signs shall with state statutes. Each sales counter shall include a posted and visible sign reading "You Must be 18 Years Old to Purchase Fireworks — Valid ID is Required"

13. Construction of all fireworks stands shall be inspected and approved by the city building department.

14. Each fireworks stand shall have at least two exits. Fireworks stands in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart, provided that in no case shall the distance between exits exceed 20 feet. Each exit must be at least 24 inches wide and six high.

15. Any interior lighting and wiring shall be inspected and approved by the city building department.

16. Each fireworks sales stand shall be required to have two two-and-one-half gallon pressurized water type fire extinguishers, in good working order with current inspection tags, easily accessible for use in case of fire.

17. Uses of tents, pop-up tents, shade structures, or other add on structures to the fireworks stand must be inspected and approved by the city building department.

18. Each fireworks stand must have a responsible person over the age of 18 years in attendance and in charge of the fireworks stand being used for sale or dispensing of fireworks.

19. No person shall sleep or remain in the fireworks stand after the close of daily business.

20. No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

21. No fireworks shall be located within 25 feet of any other structure, and shall not be located within 100 feet of a location where gasoline or any other flammable liquids are stored or dispensed.

22. A minimum of 25 feet of clear space must be maintained between parked vehicles and the fireworks stand. Adequate area shall be provided for vehicle circulation and parking.

23. No fireworks shall be ignited, or discharged within 25 feet of the fireworks stand. Signage to that effect shall be posted in a manner clearly visible to the parking area.

24. There shall be no smoking materials or flame producing devices inside or within 25 feet of the fireworks stand.

25. The only items that can be sold from the fireworks stand are the manufacturer's approved "state fire marshal listed safe and sane fireworks," other celebratory items (that have been approved by the fire chief and community development director), and t-shirts bearing the wholesaler's corporate logo.

26. Signage for the fireworks stands and designated fireworks use areas.

a. Signage associated with the sale of safe and sane fireworks and in conjunction with this chapter is exempt from the provisions of chapter 18.54.

b. Sign permits are not required for signs, but all signs, locations and use must be approved by the community development department prior to construction and display.

c. Sign construction shall be inspected and approved by the city building department.

d. Signs for fireworks sales shall be displayed no earlier than the date and time specified in the current city council resolution, and must be removed by the date and time specified in the current city council resolution.

e. Signs cannot be any larger than 32 square feet (four feet by eight feet).

27. Any other requirements determined appropriate and necessary by the city manager for implementation of the council policy directives relating to this chapter and the public safety.

L. Temporary Sales Tax Permit. Each permittee must obtain a temporary sales tax permit from the state board of equalization.

M. Nonprofit Organization—Financial Obligations. The permittee shall be responsible for the collection and remittance of sales tax and any other fees consistent with this chapter and the policy directives of the city council and all other amounts that the permittee is contractually bound to pay the city.

N. Nonprofit Organization Financial Statement. On or before November 1st of any year authorized pursuant to a permit, the permittee shall submit to the city clerk a financial statement by the treasurer or financial officer of the permittee setting forth the total gross receipts from the fireworks stand operated by the permittee; all expenses incurred and paid in connection with the purchase of fireworks and the sale thereof; and to whom and for what purpose the net proceeds were or will be disbursed, along with the most recent report filed by the permittee to the state board of equalization. The filing of such statement shall be a condition precedent to the granting of any subsequent permit.

O. Safe and Sane Fireworks—Revocation of Permit; Appeal.

a. The fire chief may revoke, immediately, the permit of any permittee who violates any provision of this chapter in a manner that causes an immediate danger to public health and safety, or required for the orderly administration of this chapter. If the revocation occurs between six days before the sales period, during the designated sales period, or until one-day after the sales period, the fire chief shall inform the permittee that the permittee may seek review of the fire chief's decision by the city manager, or the city manager's designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection O.b. shall apply.

b. If the revocation occurs before six days before the designated sales period, such revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager shall be final.

c. Any permittee, whose permit has been revoked pursuant to subsection O.a. or b., shall be barred from receiving a permit under this chapter for up to two years from the date of revocation.

P. Safe and Sane Fireworks—Wholesale Storage. Wholesale storage of "safe and sane fireworks" by fireworks wholesalers licensed by the office of the state fire marshal shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition and can be stored year-round in the city by a fireworks wholesaler licensed by the office of the state fire marshal, so long as said fireworks wholesaler has not been found to be in violation of the terms of this chapter.

Q. Seizure of Fireworks. The fire chief may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent threat to public health or safety.

R. Fireworks Wholesaler—Distribution Agreement.

a. All fireworks wholesalers who seek to do business in the city and supply and contract with applicants for fireworks booth permits in the city, shall enter into and execute a fireworks wholesaler distribution agreement with the city no later than the date and time specified in the current city council resolution, subject to adoption of the ordinance from which this chapter is derived). Said distribution agreement shall require the fireworks wholesaler to contractually commit to the following:

1. Conduct a "safe and sane fireworks" stand operator safety seminar supervised by the fire department;

2. Develop and submit an approved fireworks wholesaler public education plan;

3. Comply with the correct and timely placement and removal of all fireworks stands and storage containers within the city limits; and

4. Other such requirements deemed appropriate and necessary by the city manager and fire chief.

b. No permits shall be issued pursuant to this chapter to any permit applicant unless and until their fireworks wholesaler has entered into a valid, annual fireworks wholesaler distribution agreement with the city.

c. If a fireworks wholesaler believes the terms and conditions of the proposed fireworks wholesaler distribution agreement are unfair and/or unreasonable, it may request an appeal before the city council at its first meeting following the deadline set forth in subsection R.a.

S. Fireworks Wholesaler Public Education Plan. Each fireworks distributor/wholesaler supplying one or more nonprofit organizations who are permittees under this chapter, shall submit a public education plan to the city by no later than the date and time specified in the current city council resolution. Said public education plan shall outline the public safety and education efforts for that year that have been initiated, supported, and/or delivered by each fireworks distributor/wholesaler within the city. Said public education plan shall include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan.

T. Regulatory Fee Imposed Upon Permittees.

1. The city will require each applicant receiving a permit to pay a reasonable regulatory fee, as described in Section 1(e)(3) of Article XIII C of the California Constitution. The fee shall represent the reasonable regulatory costs to the city for issuing licenses and permits, performing investigations, inspections and audits, and the administrative enforcement and adjudication thereof. The fees established pursuant to this section are used to enforce the provision of this chapter and not intended to generate excess revenue for the city.

2. Nothing herein shall limit or prohibit permittees from making voluntary contributions.

U. Administrative Fines and Penalties.

1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community.

2. The issuance of citations, imposing administrative fines, right to appeal, and the right for an administrative hearing shall be performed in accordance with Chapter 1.20.

3. This chapter governs the imposition, enforcement, collection and administrative review of all administrative fines, related to the possession, use, storage, sale and/or display of quantities less than 25 pounds of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of "safe and sane fireworks" as defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.

4. Administrative Fines. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine as set by city council resolution.

5. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.

6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property.

(Ord. No. 722, § 1, 11-20-2012; Ord. No. 808, § 7, 12-5-2023)

Any social host shall be strictly liable and subject to a fine for any unlawful ignition, use, discharge or display of any fireworks in violation of Sections 8.04.020 or 8.04.050 at their property or gathering.

(Ord. No. 772, § 5, 6-16-2020; Ord. No. 773, § 4, 8-4-2020)

This chapter is not the exclusive regulation for fireworks within the city. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction. The provisions of this chapter are supplementary to the provisions of the Uniform Fire Code and Uniform Building Code. In case of a direct conflict between the provisions of the Uniform Fire Code or Uniform Building Code and the provisions of this chapter, this chapter shall prevail. Except with respect to direct conflict, the provisions of the Uniform Fire Code and Uniform Building Code shall remain in full force and effect.

(Ord. No. 722, § 1, 11-20-2012)

Violations of this chapter are subject to the penalties provided for in Chapters 1.08 (General Penalty) and 1.20 (Administrative Citations), provided that the amount of any administrative citation shall be as follows:

1. $1,000.00 for a first violation;

2

$1,500.00 for a second violation within a 12-month period;

3. $2,000.00 for a third violation within a 12-month period.

All fines that are not timely paid or appealed are subject to a ten percent late fee.

(Ord. No. 772, § 6, 6-16-2020; Ord. No. 773, § 5, 8-4-2020)