Visalia Municipal Code Art. 2 Imposition of Administrative Fines and Penalties for Dangerous Fireworks

A. This article authorizes the imposition of administrative fines or penalties on any person who violates any provision of this chapter. Its purpose is to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. 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.

B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City of Visalia; 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 article, 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.

C. The adoption of this article does not in any way affect or repeal the California Fire Code, as adopted by the City of Visalia.

D. The imposition of fines related to “dangerous fireworks” under this article shall be limited to persons, including responsible persons, who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.

E. Fines collected pursuant to this article 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.

F. The city shall provide cost reimbursement to the State Fire Marshal if required 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. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of “dangerous fireworks.”

G. 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 article 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.

(Ord. 2017-05 § 2 (part), 2017)

Whenever a Code Enforcement Officer (CEO) determines that a violation of the code has occurred, the CEO may issue an administrative citation listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this article and Visalia Municipal Code Title 1, Chapter 1.13.

(Ord. 2021-2 § 2 (part), 2021: Ord. 2017-05 § 2 (part), 2017)

A. Each person who violates any provision of this code, or any provision of state law, as it relates to the possession, use, storage and/or display of “dangerous fireworks” or each person that is considered to be a “responsible person” for a location where dangerous fireworks are possessed, used, stored, or displayed, shall be subject to the imposition and payment of an administrative fine or fines as provided below:

B. Each person who violates any provision of this code, or any provision of state law, as it relates to the sale of "dangerous fireworks" or each person that is considered to be a "responsible person" for a location where dangerous fireworks are sold shall be subject to the imposition and payment of an administrative fine of $4,000 for each violation.

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

D. For purposes of this article, in calculating the amount of an administrative fine, the number of offenses shall include every offense documented in the last three years, unless the citation was vacated pursuant to an appeal.

(Ord. 2021-2 § 2 (part), 2021: Ord. 2017-05 § 2 (part), 2017)

A. Any citee may contest the violation(s) by filing a request for an administrative hearing on a city-approved form with Code Enforcement within 20 calendar days from the issuance date of a citation.

B. Any applicable administrative hearing fee imposed by the City of Visalia shall apply at the then applicable rate. If the fire department does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2017-05 § 2 (part), 2017)

A. The issuance of any citation pursuant to this article, the conduct of any administrative hearing therefor, and any other matter of procedure not addressed herein shall be conducted in accordance with Visalia Municipal Code Chapter 1.13, except as otherwise provided herein.

B. Advance Deposit of Fine. In addition to payment of the applicable administrative appeal fee, any responsible party seeking to appeal the imposition of an administrative penalty shall be required to deposit with the City of Visalia, at the time the appeal is lodged, fifty percent (50%) of the assessed administrative penalty. If the responsible party is unable to make the required deposit, the responsible party shall provide evidence that a request for an advance deposit hardship waiver has been filed.

C. Advance Deposit Hardship Waiver. The process for filing an advance deposit hardship waiver shall be completed as required in Visalia Municipal Code Chapter 1.13 and as follows. A request for advance deposit hardship waiver must be filed with the city clerk or designee on a City of Visalia advance deposit hardship waiver application form. The waiver application form must be filed within the same time period as a request for an administrative appeal. The responsible party bears the burden of demonstrating to the satisfaction of the city clerk or designee that the responsible party is unable to deposit the required amount in advance of the hearing. The requirement for the advance deposit of the fine and administrative appeal fee shall be stayed while the city clerk or designee reviews the application. If the city clerk or designee determines not to issue an advance deposit hardship waiver, then they shall notify the responsible party in writing and the responsible party shall remit the required advance deposit and the appeal fee to the city within ten (10) working days from such notice. Failure to timely remit these items shall terminate the request for an appeal. If the administrative order is not upheld, then all amounts deposited will be refunded.

(Ord. 2021-02 § 2 (part), 2021: Ord. 2017-05 § 2 (part), 2017)

A. In cases where the citation is issued to a property owner, a lessee, or a holder of a special events permit, parent or guardian of minors caught with dangerous fireworks, as the responsible person, and the citee was not present on the property at the time the citation was issued, it is a defense to the citation that the citee, as the responsible person, did not explicitly or implicitly consent to or condone the use of dangerous fireworks on his or her property and could not, in spite of the exercise of reasonable care and diligence, control the use of dangerous fireworks on his or her property and/or at his or her special event. The hearing officer may consider the following factors in determining if the citee exercised reasonable care and diligence:

1. Whether the citee provided express notice to relevant persons that the use of dangerous fireworks is strictly prohibited at all times;

2. Whether, based on the circumstances known to the citee at the time of the violation, the citee could have reasonably foreseen that dangerous fireworks might be used, including, but not limited to, whether the citee, any individual occupying the property, or any individual attending the special event, has received, or otherwise been involved in, any citation issued for the use of dangerous fireworks in the past five years;

3. Whether the citee took any reasonable measures designed to ensure that dangerous fireworks would not be used, and if so, the extent and effectiveness of such measures;

4. Any other information reasonably related to the citee’s culpability, or lack thereof, with respect to permitting or allowing the use of dangerous fireworks.

B. If, based on the considerations above, the hearing officer determines that the citee took reasonably prudent action to prevent and discourage the use of dangerous fireworks on the property, then the hearing officer may vacate the citation or modify the amount of the penalty, as appropriate.

(Ord. 2017-05 § 2 (part), 2017)