Chapter 15.28 — FIREWORKS

Except as is otherwise expressly provided in this chapter, it is unlawful for any responsible person to possess, to store, to manufacture, fabricate or assemble, to offer for sale, to expose for sale, sale or resale, or to use or to explode any fireworks within the city. "Fireworks," as used in this chapter, shall be defined as set forth in the Health and Safety Code of the state.

(Ord. 2890 § 2, 2007)

(Ord. No. 3118, § 2, 6-25-20; Ord. No. 3119, § 1, 7-14-20; Ord. No. 3143, § 20, 12-13-22)

"Responsible person" means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation.

(Ord. No. 3118, § 3, 6-25-20; Ord. No. 3119, § 2, 7-14-20; Ord. No. 3143, § 20, 12-13-22)

Public displays of fireworks, as defined in the Health and Safety Code of the state, are allowed as follows:

A.

A public display of fireworks that complies with all of the requirements of the Health and Safety Code is authorized on the fourth of July between the hours of eight p.m. and ten p.m. at the location where fireworks displays have historically taken place at the following locations, provided that the property owner, lessee, or occupier approves of and authorizes such use: City Hall, Friendly Hills Country Club, Joe Miller Field, and York Field. However, if conditions at any of these locations are determined by the fire chief to be unsafe for the discharge of fireworks at the date and time specified herein, the fire chief may suspend, terminate or limit the exception granted by this section by notifying the entity sponsoring the fireworks display, the property owner, lessee or occupier and the police chief at any time preceding or during the display.

B.

A public display of fireworks that complies with all of the requirements of the Health and Safety Code is authorized on the fourth of July between the hours of eight p.m. and ten p.m. or on New Year's eve between the hours of eleven p.m. and one a.m. in any area specifically designated by the fire chief, provided that the property owner, lessee, or occupier approves of and authorizes such use and the fire chief provides supervision and control of the public display. The fire chief shall make the designation by posting a sign so indicating in the designated area, notifying the police chief, and by providing any other notice to the public that the fire chief deems necessary.

(Ord. 2908 § 1, 2008; Ord. No. 3143, § 20, 12-13-22)

The fire chief is authorized and directed to seize, take, remove and store at the expense of the owner any fireworks offered for sale, stored or held or possessed in violation of the provisions of this chapter.

(Ord. 2890 § 4, 2007; Ord. No. 3143, § 20, 12-13-22)

This chapter is not the exclusive regulation for fireworks with the city of Whittier. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city of Whittier, the state of California or any other legal entity or agency having jurisdiction.

Any provision of the city of Whittier in conflict herewith are hereby repealed. This chapter supersedes any conflicting provisions of the California Fire Code and the California Building Code.

(Ord. 2890 § 5, 2007; Ord. No. 3107, § 2, 12-10-19; Ord. No. 3143, § 20, 12-13-22)