Sutter County Municipal Code Ch. 485 Dangerous Fireworks

In enacting this Chapter, the Board of Supervisors recognizes that the use or possession of dangerous or illegal fireworks poses a serious risk to the public health, safety and welfare, given the potential for personal bodily injury, property damage, the unknown material composition of these fireworks, and the lack of safeguards. It is the purpose and intent of this Chapter to reasonably regulate the possession, sale, use and/or discharge of Dangerous Fireworks within the unincorporated areas of Sutter County to protect the public health, safety, and general welfare of its residents.

This Chapter authorizes the imposition of administrative fines on any person who violates any provision of this ordinance to encourage and obtain compliance with the provisions of this ordinance for the benefit and protection of the entire community. 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 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. Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the Sutter County Ordinance Code.

(Ord. No. 1651, § 2, 6-12-2018)

For the purposes of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

Citee means any person served with an administrative citation charging him or her as a responsible person for violation.

Citation means an administrative citation issued pursuant to this section to remedy a violation.

Code means Sutter County Ordinance Code.

Dangerous Fireworks are those fireworks specified as such in the State Fireworks Law, section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

Enforcing Officer means the Sheriff, Fire Chief, Development Services Director, Code Enforcement Officer, or the authorized deputies or designees thereof, all of whom are independently authorized to enforce this Chapter. Whenever an Enforcing Officer charged with the enforcement of any provision of this Chapter determines that a violation has occurred, the Enforcing Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

Hearing Officer means the person(s) appointed by the Board of Supervisors as a County Administrative Hearing Officer.

Property means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation.

Residence or Other Private Property means a home, yard, apartment, condominium, hotel or motel room, 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.

Response Costs shall mean those reasonable and necessary costs directly incurred by the County for a response to complaint of discharging illegal fireworks prohibited under this section and shall include the cost of providing sheriff, code enforcement, fire, and/or other emergency response services at the scene to include, but not limited to:

(1) Salaries and benefits of code and/or law enforcement and/or fire and/or emergency personnel for the full amount of time spent responding to, remaining at, or otherwise dealing with such illegal fireworks, and the administrative costs attributable to such responses; and

(2) The cost of any medical treatment to or for any code and/or law enforcement and/or fire and/or emergency personnel injured while responding to, remaining at, or leaving the scene; and

(3) The cost of repaying for any County equipment or property damaged and the cost of the use of any such equipment used in responding to, remaining at, or leaving the scene.

Responsible Party includes, but is not limited to:

(1) The person(s) who owns, rents, leases, or otherwise has possession of the Residence or Other Private Property;

(2) The person(s) in immediate control of the Residence or Other Private Property; and

(3) The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks. If the Residence or Other Private Property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph (2) or (3) of this definition. A landlord or lessor can only be held responsible under paragraph (3) of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief.

(Ord. No. 1651, § 2, 6-12-2018; Ord. No. 1718, § 1, 4-23-2024)

(a) It shall be unlawful for any person or Responsible Party to possess, sell, use or discharge Dangerous Fireworks unless a permit authorizing such possession, sale, use or discharge has been issued by the Enforcing Officer to the person or Responsible Party using, selling, discharging or found in possession of said Dangerous Fireworks, and unless such person is in possession of a valid pyrotechnic operator's license issued by the Office of the State Fire Marshal. The Fire Chief may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the Board of Supervisors, by resolution, from time to time.

(b) 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.

(c) 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. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

(d) It is the duty of any Responsible Party to take all reasonable steps to prevent the discharge of illegal fireworks at their place of residence or other private property or other premises under their control. Failure to do so shall constitute a violation of this Chapter.

(Ord. No. 1651, § 2, 6-12-2018; Ord. No. 1718, § 1, 4-23-2024)

(a) Misdemeanor. Any person or Responsible Party who violates any of the provisions of this Chapter shall be guilty of a misdemeanor.

(b) Administrative Citation. An administrative citation may be issued by an Enforcement Officer to any person or Responsible Party who violates any of the provisions of this Chapter pursuant to the procedures as set forth in Chapter 87 of the Sutter County Ordinance Code.

(1) Each person or Responsible Party 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 in an amount not to exceed two thousand dollars ($2,000.00) for each violation.

(2) For a person who sells, gives, or delivers Dangerous Fireworks to any person under 18 years of age, upon a second or subsequent conviction of the offense in the period of one year, an additional fine of ten thousand dollars ($10.000) per offense.

(3) Administrative fines collected pursuant to this section shall not be subject to Health and Safety Code Section 12706.

(4) Fines collected pursuant to this Chapter related to Dangerous Fireworks shall be subject to Health and Safety Code Section 12726 which provides that 65 percent of all administrative fines or penalties collected by the County shall be forwarded to the Controller of the State of California for deposit in the State Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.

(c) Response Costs. In addition to any fines or penalties which may otherwise be levied by the County pursuant to this chapter, the County shall be entitled to recover from any person found to be in violation of any provision of this chapter, the County's full response costs.

(d) The failure of any person to timely pay either the response costs or the assessed administrative penalties constitutes a debt to the County. The County may file a claim with the small claims court or, in the alternative, utilize any means within its power to collect the amount owed. The County may pursue any other legal remedy to collect the administrative fines.

(e) Any person who fails to pay to the County any response costs or administrative penalty imposed pursuant to this chapter on or before the date such costs or penalty are due shall also be liable in any action brought by the County for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs and attorneys' fees.

(Ord. No. 1651, § 2, 6-12-2018; Ord. No. 1718, § 1, 4-23-2024)

Nothing in this Chapter 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 the Sutter County Ordinance Code or any other law, statute, ordinance or regulation.

(Ord. No. 1651, § 2, 6-12-2018)