Taft Municipal Code Ch. 14 Regulating the Possession, Sale, and Use of Fireworks

It is the City's responsibility to promote the health, peace, safety, welfare and convenience of all persons. The City Council accordingly finds it necessary to codify the regulatory scheme of the State fireworks law with respect to "dangerous" fireworks, the possession, sale, and use of which is illegal. The City Council further finds it desirable to sanction the possession, sale, and use of non-dangerous, or "safe and sane" fireworks, subject to reasonable regulations such that this classification of fireworks can be safely possessed, purchased, and used by the members of the community to celebrate during the Fourth of July holiday season. (Ord. 852-23, 7-18-2023)

The following definitions apply to this chapter:

(A) Regulation: Any sale of safe and sane fireworks within the City shall be done in accordance with chapter 13 of title IV and any relevant provision of this chapter. Any use of safe and sane fireworks is only permitted during the following time frames: July 1: twelve o’clock (12:00) noon to 12:01 A.M. of the next day; July 2: nine o’clock (9:00) A.M. to 12:01 A.M. of the next day; July 3: nine o’clock (9:00) A.M. to 12:01 A.M. of the next day; July 4: nine o’clock (9:00) A.M. to twelve thirty o’clock (12:30) A.M. of the next day. Any possession and use of safe and sane fireworks must be in accordance with this code, all applicable laws, and not create danger, harm, or other unlawful annoyance. The use of safe and sane fireworks in the City shall be limited to private property except as otherwise provided herein. No safe and sane fireworks shall be discharged on public, semipublic or private open areas such as parking lots, vacant property or in public streets or right of ways except in public parks and those areas approved by the City. No fireworks shall be discharged in the "high fire hazard areas." 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 (10') or any residence, dwelling or other structure used as a place of habitation by human beings.

(B) Nuisance Declared: The City hereby declares the possession, use, or sale of safe and sane fireworks contrary to chapter 13 of title IV and any provisions of this chapter to be a public nuisance to be abated pursuant to all laws applicable to the City for enforcement. (Ord. 852-23, 7-18-2023)

(A) Administrative Fines and Penalties: Failure to abide by the regulations of section 8-14-3 or chapter 13 of title IV is hereby declared a violation of the code and subject to the City's enforcement. The City may pursue enforcement by all means authorized by law, including but not limited to penalties listed in chapter 13 of title IV and imposition and payment of an administrative fine or fines as provided below:

(B) Any responsible party issued administrative fines and penalties under 8-14-4 shall comply with the city's administrative citation process pursuant to chapter 3 of title I.

(C) This chapter and chapter 13 of title IV are just some of the methods of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III. (Ord. 852-23, 7-18-2023)

(A) Regulation: Except as otherwise provided in this chapter, no person shall possess, sell, use, display, or explode any dangerous fireworks including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell, or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered "safe and sane fireworks" within the City unless such use meets all criteria pursuant to section 8-14-6 of this chapter.

(B) Nuisance Declared: The City hereby declares the use of dangerous fireworks, unless such use is excepted pursuant to section 8-14-6 of this chapter, to be a public nuisance to be abated pursuant to the provisions provided in title III, chapter 4 of this code. (Ord. 852-23, 7-18-2023)

The general prohibition against the possession, sale, and use of dangerous fireworks as stated in section 8-14-5 applies unless such possession, sale, or use is done in connection with a city-issued permit by a state licensed pyrotechnic operator as provided in this section as follows:

(A) State License and City Permits Required: The city fire chief shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, of for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a pyrotechnic operator licensed by the state fire marshal (as defined by section 12527 of the California Health and Safety Code) in accordance with a city-issued permit, and shall be of such character and so located, discharged, or fired as in the opinion of the fire chief or his designee, after proper investigation, will not be hazardous or endanger any person.

(B) All applications for a City permit to conduct certain firework public displays and special effects shall:

1. Provide a current copy of the pyrotechnic operating licensing obtained from the Office of the State Fire Marshal as required under the laws of the State.

2. Be submitted at least ten (10) days prior to the proposed firework public display or special effect event date.

3. Include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.

4. Be accompanied with required fees as provided in subsection (C).

5. Provide proof of required liability insurance as provided in subsection (D). A statement indicating that requirements under subsection (D) were met prior to submitting this application shall accompany the proof of required liability insurance.

6. Include a statement that the applicant agrees to comply strictly with the terms of any permit granted to it and furnish any additional information upon request of the fire chief or any enforcement officer.

(C) Fees Required: Every application for permit to conduct a public display of fireworks shall be accompanied by a non-refundable fee as established by resolution of the City Council. This fee shall be in addition to any fee or tax imposed by the City Council. Every applicant shall agree to hold the City, its officers and employees, harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit.

(D) Liability Insurance Required: Any person, firm or corporation applying for a public display of fireworks city permit shall furnish to the city manager proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors presenting such public display. No permit shall be issued until the permittee furnishes the city manager with a certificate of insurance for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the City of Taft as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, thirty days' notice of cancellation upon the city clerk for the City. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this chapter shall be made to the City before any such revoked permit may be reinstated.

(E) Appeal: The decision of the city fire chief acting on an application for a permit to conduct a public display of fireworks in accordance with the provision of this chapter shall be final and only subject to appeal to Superior Court. (Ord. 852-23, 7-18-2023)

(A) General:

1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter pursuant to the City's administrative citation process under chapter 3 of title I.

2. This section 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; 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, or in any manner contrary to 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.

3. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder, and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this code by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person which this City may otherwise pursue.

4. 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, less than twenty-five (25) pounds (gross weight) of such dangerous fireworks.

5. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous fireworks seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust two hundred fifty dollars or twenty-five percent (25%) of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks.

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

(B) Issuance Of Administrative Citations: Any person violating any provision of this chapter may be subject to the assessment of civil fines and penalties as provided in this chapter and chapter 3 of title I of this code pursuant to the administrative procedures established in this chapter and chapter 3 of title I, which are authorized by Government Code section 53069.4.

(C) Contents of Administrative Citation: Each administrative citation issued for violations regarding unauthorized possession, use, or sale of safe and sane fireworks shall include all information included in section 1-3-11 of title I. Each administrative citation issued for violations regarding dangerous fireworks shall include all listed in 1-3-11 plus the following:

1. The amount of the administrative fine for each violation, including the required disposal charge, pursuant to subsection (D) of this chapter; and

2. The names, addresses, and telephone numbers of any witnesses to the violation(s).

(D) Administrative Fines And Penalties:

1. Failure to abide by the regulations of this chapter as it relates to the possession, use, storage, sale, and/or display of dangerous fireworks is hereby declared a violation of the code and subject to the City's enforcement. The City may pursue enforcement by all means authorized by law, including but not limited to imposition and payment of an administrative fine or fines as provided below:

2. Any responsible party issued administrative fines and penalties under 8-14-7 for violations of this chapter shall comply with the City's administrative citation process pursuant to chapter 3 of title I.

(E) This chapter is just one of the methods of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III. (Ord. 852-23, 7-18-2023)

All persons concerned in the commission of any violation of the provisions of this Chapter, whether it be misdemeanor, infraction, or administrative violation subject to administrative penalties, and whether they directly commit the act constituting the offense, or own property that the violation occurs on, or aid and abet in its commission, or, being present, are spectators and encourage its commission, or, not being present, have advised and encouraged its commission, or knowingly allow its commission on property owned by such person, and all persons counseling, advising, or encouraging children under the age of 16 years, or mentally impaired persons, to commit any offense, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any offense, or who, by threats, menaces, command, or coercion, compel another to commit any offense, are principals in any offense so committed and are guilty of and responsible for any offense so committed. (Ord .854-25, 10-21-2025)