Yreka Municipal Code Ch. 9.70 Personal Fireworks Prohibited

Whenever in this chapter, or in any resolution or standard adopted by the city council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended:

"Fireworks" has the meaning set forth in California Health and Safety Code Section 12511. The term "fireworks" includes a) "dangerous fireworks," as defined in California Health and Safety Code Section 12505 and the relevant sections of Title 19, Code of Regulations, subchapter 6; and b) "safe and sane fireworks," as defined in California Health and Safety Code Section 12529. The term "fireworks" excludes c) "exempt fireworks," as defined in California Health and Safety Code Section 12508; and d)"party poppers" and "snap caps," as each is defined in California Code of Regulations, Title 19, Section 980; e) the proper use of flares by peace officers, fire officials, or motorists.

"Organization" means a public agency, other corporation or unincorporated association located within the city.

"Public right of way" means any city property, including that city property over which the city has granted an easement to another public agency.

"Responsible party" means a) a person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel; and b) a person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.

"Street" means any city street or alley, including right of ways for ingress or egress granted to the city by easement or dedication.

"Vessel" has the meaning set forth in California Harbors and Navigation Code Section 651.

(Ord. No. 874, § 2, 4-18-2023)

(a) Except as otherwise provided in this article, no person shall possess, manufacture, sell, offer to sell, use, or discharge, any fireworks.

(b) The fire chief, police chief, code enforcement officer or their delegee, may seize, take, remove or cause to be removed, at the expense of the owner or any vendor, any and all such fireworks offered or exposed for sale, stored or held in violation of this article, the state fireworks law or the California Fire Code.

(Ord. No. 874, § 2, 4-18-2023)

(a) Any organization desiring to hold a public display of fireworks within the city shall submit an application for a permit to do so to the fire chief at least two calendar months prior to the date of the proposed event.

(1) Any permit granted for such display shall be lawful only for that event.

(2) No permit granted under this section shall be transferable.

(b) The fire chief may adopt reasonable rules and regulations for granting such permits for supervised public displays of fireworks to organizations.

(c) Each such display must be handled and presented by a competent operator approved by the fire chief and licensed by the state of California.

(d) Such display must be located and discharged in a manner that, in the sole opinion of the fire chief, is not hazardous to persons or property.

(e) Such organization or operator shall furnish an indemnification in the form specified by the fire chief.

(f) In addition, the organization or operator shall proof of current commercial general liability coverage in an amount of one million dollars generally liability insurance (or such other amount as agreed upon by the fire chief and risk manager) to address the potential for damage to persons or property that may arise from the permitted display and the acts of the organization, its agents, employees or contractors. The certificate of insurance shall be endorsed to name the city, its officers, agents and employees as additional insureds.

(g) Any permit issues shall be only for the event, date and time named and is non-renewable and non-transferable.

(Ord. No. 874, § 2, 4-18-2023)

(a) Except as provided in (3) below, no host shall allow any person to violate a provision of this article on the host's private property or on the public right of way or street adjacent or proximate to the host's private property.

(1) Where there is more than one host, each host is liable jointly and severally.

(2) No host shall aid or abet another person's violation of a provision of this article. A host aids and abets another person' s violation of a provision of this article if the host knows of the other person's unlawful purpose and then specifically intends to, and does in fact, supervise, control, aid, facilitate, promote, encourage, or instigate the other person' s commission of that violation.

(3) The provisions this section shall not apply to:

(A) The possession, manufacture, storage, display, sale, purchase, use, or discharge of fireworks as permitted under this chapter, state or federal law; or

(B) A host who initiates contact with law enforcement or fire officials to assist in removing any person from its property or terminating an activity in order to comply with this article, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this article.

(Ord. No. 874, § 2, 4-18-2023)

(a) In addition to any administrative penalty or any penalty under any other section of this city code or state law, any host who violates this article is liable for the response costs relating to the violation.

(1) As used here, "response costs" include the following: the fully burdened cost of police, fire, code enforcement or other city personnel required to deal with the violation, the cost of seizure and disposal of the illegal fireworks, and attorney fees for any and all notices, meetings, or administrative or court proceedings to enforce this ordinance.

(2) Where there is more than one host, each host is liable jointly and severally for response costs.

(b) The amount of response costs constitutes a debt owed to the city which may be collected in any manner legally available to the city.

(c) Notice of the response costs shall contain the following itemized information:

(1) The name of the host(s) who is liable for the response costs;

(2) The address of the private property where the incident occurred;

(3) The date and time of the response;

(4) The itemized cost of law enforcement, fire, or other emergency response personnel who responded as well as code enforcement or other city personnel and the associated legal costs.

(d) Notice shall be served on each host at the property address by first-class mail or by any means provided for service of a civil complaint.

(e) Payment for response costs shall be remitted to the city within thirty calendar days of the date of the notice.

(f) The payment of any such costs shall be stayed upon the filing of a timely appeal under Section 9.70.060.

(Ord. No. 874, § 2, 4-18-2023)

Any host charged with response costs may, without a fee and within ten calendar days of the date of the notice of response costs, appeal all or a portion of the response costs to the city manager. The city manager shall meet with the host within fifteen calendar days of receiving the appeal.

Within the next thirty calendar days, the city manager shall determine whether or not to uphold the appeal. The decision of the city manager is final.

(a) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review, administrative appeal or court review of the response costs.

(Ord. No. 874, § 2, 4-18-2023)

(a) In addition to any other remedy allowed by law, any person who violates a provision of this article is subject to criminal sanctions, civil actions, and administrative penalties pursuant to the provisions of this city code. All remedies prescribed under this article are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy available to the city.

(b) All violations of this article are declared to be a public nuisance.

(c) Notwithstanding anything to the contrary, the amounts for an administrative penalty for a violation of this ordinance shall be set by resolution from time to time adopted by the city council.

(Ord. No. 874, § 2, 4-18-2023)