Victorville Municipal Code Ch. 13.22 Fireworks, Pyrotechnics and Production Effects

A. "Fire Chief" shall mean the Fire Chief of the City of Victorville or his/her designee.

B. "Fireworks" and "fireworks kit" shall have the meanings set forth in Health and Safety Code Sections 12505, 12511 and 12512 respectively.

C. "Production effect" means a pyrotechnic device, pyrotechnic composition or any flammable gas, liquid or combination thereof possessed, stored, used or discharged in connection with a theatrical, motion picture or television production and which is designed to flame, smoke or explode. "Production effect" also includes non-pyrotechnic smoke and fogs.

D. "Pyrotechnic composition" shall have the meaning set forth in Health and Safety Code Section 12525.

E. "Pyrotechnic device" shall have the meaning set forth in Health and Safety Code Section 12526, but shall not include any emergency signaling device such as a flare when used solely for its intended emergency purpose, any devices used by authorized military personnel, firefighters or peace officers while on duty, or any paper caps which contain less than 0.25 grain pyrotechnic composition per unit load.

(Ord. No. 2404, 12-17-2019)

It shall be unlawful for any person to possess, sell, use or discharge fireworks or fireworks kits of any class, including Class C "safe and sane" fireworks, unless a permit authorizing such possession, sale, use or discharge has been issued to that person by the fire chief, and unless such person is in possession of a valid pyrotechnic operator's license issued by the office of the state fire marshal. It shall also be unlawful for any property owner or tenant resident in the city to knowingly allow another individual to possess, sell, use or discharge fireworks or fireworks kits on the property where they are the owner or tenant. The fire chief may establish reasonable rules and regulations for the issuance of fireworks permits and may issue the same subject to the payment of the fees established by the city council.

(Ord. No. 2404, 12-17-2019)

It shall be unlawful for any person to possess, store or sell any pyrotechnic device unless that person is then in possession of a valid pyrotechnic operator's license issued by the office of the state fire marshal and a valid permit issued by the fire chief.

(Ord. No. 2404, 12-17-2019)

It shall be unlawful for any person to discharge or utilize any pyrotechnic device or production effect unless a permit for such use or discharge has been issued to that person by the fire chief. No permit shall be issued by the fire chief unless the applicant therefor is in possession of a valid pyrotechnics operator's license issued by the office of the state fire marshal and has paid the fees established by the city council. The fire chief may establish reasonable rules, regulations and safety requirements for the issuance of such permits and for the waiver of the requirement for a permit when a production effect poses no more than an insignificant risk to public and environmental safety, but in no event shall the requirement for a valid pyrotechnics operator's license be waived when possession of such license is mandated by Division 11, Part 2 of the California Health and Safety Code.

(Ord. No. 2404, 12-17-2019)

Any person who violates any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the city attorney. Upon conviction, the person shall be punished by as prescribed in Section 1.04. The person shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, building and safety and code enforcement departments as a result of a violation.

(Ord. No. 2404, 12-17-2019)

A. A peace officer or code enforcement officer may issue an administrative citation and fine for the violation of any of the provisions of this chapter as provided in Section 1.05.060 of the Victorville Municipal Code, without prior issuance of a notice of violation. The person shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges, as well as all expenses and costs associated with any emergency response, by fire, police, animal control, building and safety, and code enforcement departments as a result of a violation.

B. The administrative citation fines shall be as follows:

1. A fine in the amount of one thousand dollars for a first violation;

2. A fine in the amount two thousand dollars for a second violation occurring on a different date within six months of the first violation.

3. A fine in the amount of three thousand dollars for a third violation and any subsequent violations occurring on a different date within six months of the second violation.

C. All administrative citation procedures, including appeal procedures, as set forth in Section 1.05.060 through and including Section 1.05.100 of Chapter 1.05 of this code shall be applicable to administrative citations issued for violations of this chapter.

(Ord. No. 2404, 12-17-2019)

The remedies provided in this chapter are not to be construed as exclusive remedies and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law.

(Ord. No. 2404, 12-17-2019)

If the administrative costs and the cost of removal which are charged against the owner of a parcel of land pursuant to Sections 13.22.020, 13.22.030, and 13.22.040 are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.

(Ord. No. 2404, 12-17-2019)

City officials investigating the firework abatement matter shall keep an account of the cost of abatement on each separate lot or parcel of land where the work is done. After confirmation of an account report, a copy of the same shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection and enforcement of county taxes shall apply to such special assessments.

(Ord. No. 2404, 12-17-2019)