7.26 — FIREWORKS

The following definitions shall apply to this chapter:

"Safe and sane fireworks" means those fireworks defined and classified in Sections12529 and 12562 of the Health and Safety Code, as those sections may be amended from time to time.

"Social host" means any of the following: (1) any owner of private property as listed on the most recent Alameda County assessment roll; (2) any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or (3) any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

"Strictly liable" means liability for a wrongful act irrespective of such person's intent, knowledge, negligence or lack thereof in committing the wrongful act. (Ord. 890-21 § 2, 2021)

It is unlawful for any person, corporation, or entity to possess, store, to offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode any fireworks as described in Section 12505 of the Health and Safety Code without a permit and approval from the fire code official. (Ord. 890-21 § 2, 2021)

The sale and use of safe and sane fireworks is permitted in accordance with applicable regulations contained in the Union City Municipal Code or pursuant to Resolution No. 2537-03 adopted by the City Council, as may be amended from time to time. (Ord. 890-21 § 2, 2021)

Entities engaged in the retail sale of safe and sane fireworks shall pay a license fee in an amount established by Resolution 2537-03 as may be amended from time to time. (Ord. 890-21 § 2, 2021)

No entity may engage in the retail sale of safe and sane fireworks, as permitted by this chapter, without first obtaining a permit from the City in accordance with Resolution No. 2537-03, as may be amended from time to time, and any applicable regulations. (Ord. 890-21 § 2, 2021)

• A. Fireworks other than safe and sane fireworks are prohibited. Except as permitted by the City, it is unlawful for any person, corporation, or entity to possess, store, offer for sale, expose for sale, sell at retail or wholesale, use, discharge, or explode, or allow the use on their property or property under their control, any fireworks except safe and sane fireworks.

• B. Use of Safe and Sane Fireworks. It is unlawful for any person to use, discharge, or explode safe and sane fireworks in any of the following locations, or in any of the following manners:

  1. Any City park, building, or land owned by the City, except for City sponsored public fireworks displays;

  2. Any public roadway within the City. A "roadway" shall be the portion of the street improved, designed, or ordinarily used for vehicular travel (i.e., curb to curb), except for block parties as permitted by the City;

  3. Within ten feet of any residence, dwelling, or other structure used as a place of habitation by human beings;

  4. Upon, over, or onto the property of another without his or her consent;

  5. In any manner inconsistent with the direction provided by the manufacturer of the product;

  6. Any area east of Mission Boulevard. This prohibition is justified by virtue of the higher fire danger in this area because the area: (a) has impacted ingress and egress due to dead end streets and limited entry/exit routes; (b) contains significant amounts of dry vegetation during the summer months when fireworks use is prevalent; (c) has mostly wood frame structures, in close proximity to each other; (d) contains slopes which make it difficult to do complete weed abatement; (e) contains structures intertwined with hazardous wild land areas; (f) contains many wood shake roofs (with high fire danger) in the residential areas.

  7. Dates and Hours of Use. It is unlawful for any person to use, discharge, or explode safe and sane fireworks except during the hours of eight a.m. to ten p.m. on the days during which such Safe and Sane Fireworks may be sold pursuant to applicable regulations.

• C. Parks Closures on the Fourth of July.

All City parks shall close at seven-thirty p.m. on the Fourth of July, except for City sponsored public fireworks displays.

(Ord. 890-21 § 2, 2021)

Any social host shall be strictly liable for any unlawful ignition, use, discharge or display of any dangerous fireworks, or safe and sane fireworks in violation of this chapter, at their property or gathering; except that:

• A. No owner of private property shall be liable under this section for a violation of this chapter if the property owner can demonstrate that at the time of such violation they:

  1. Had rented or leased the property to another,

  2. Was not present, and

  3. Had no prior knowledge of the violation.

• B. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this section for violations of this chapter occurring in the common areas of the property.

• (Ord. 890-21 § 2, 2021)

• A. Any person or entity who violates this chapter shall be guilty of a misdemeanor, punishable by any remedy authorized by this Municipal Code or applicable law, at the election of the City.

• B. Notwithstanding anything in this Code to the contrary, a violation of this chapter may be punishable by a fine of up to one thousand dollars per violation. For the purposes of this section, each use or discharge of a firework in violation of this chapter shall be a separate violation.

• C. A fine for violating this section may be issued to administratively in accordance with Chapter 1.18 (Administrative Enforcement).

• (Ord. 890-21 § 2, 2021)