Chapter 16.40
FIREWORKS*
Sections:
16.40.010 Prohibition of safe and sane fireworks.
16.40.020 Dangerous fireworks.
16.40.040 Violation of the code is a misdemeanor.
16.40.050 Administrative fines and penalties.
* Prior legislation: Ords. 268, 316, 634-U, 687 and 821 and prior code §§ 3102 – 3111.
16.40.010 Prohibition of safe and sane fireworks.
The sale, use, and discharge of safe and sane fireworks is prohibited within the city. Notwithstanding the preceding, city-sponsored public displays of fireworks by a licensed pyrotechnic operator, under the supervision of the fire chief and authorized by the city council, in commemoration or celebration of significant public events or occasions, are permitted. (Ord. 894 § 2, 2019).
16.40.020 Dangerous fireworks.
No fireworks shall be sold, offered for sale, or discharged within the city which are classified as dangerous fireworks, as that term is defined by the Health and Safety Code. (Ord. 894 § 2, 2019).
16.40.030 Prohibited conduct.
A. Any person who causes, allows, permits, aids, or abets any discharge of fireworks (including a public display) shall be in violation of this chapter.
B. Any person who stores fireworks, including those classified as safe and sane, shall be in violation of this chapter.
C. Any person who discharges, lights, explodes, detonates, or otherwise fires, ignites, or causes the explosion or detonation of any kind of fireworks within the city shall be in violation of this chapter.
D. Any parent, guardian, or other person having the legal care and custody of any minor that allows such child to violate the provisions mentioned herein shall be in violation of this chapter. (Ord. 894 § 2, 2019).
16.40.040 Violation of the code is a misdemeanor.
Any violation of this chapter shall constitute a misdemeanor. The city may prosecute any violation of this chapter as a misdemeanor in accordance with BGMC 1.12.010. (Ord. 894 § 2, 2019).
16.40.050 Administrative fines and penalties.
A. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” and “safe and sane fireworks” shall be subject to the imposition and payment of an administrative fine or fines.
B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder; and the issuance of a citation to any person constitutes but one remedy available to the city to redress violations of this chapter by any person. By adopting this chapter, 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 the city may otherwise pursue.
C. Except as otherwise provided under this chapter, the procedures contesting the issuance of an administrative citation pursuant to this chapter shall be those procedures set forth in Chapter 1.16 BGMC. In the event of any conflict between the provisions of this chapter and the provisions set forth in Chapter 1.16 BGMC, the provisions of this chapter shall govern and control but only to the extent of the conflict and no further.
D. Whenever an enforcement officer determines that a violation of the code has occurred, the enforcement officer may issue an administrative citation on a city-approved form 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 chapter.
E. Each administrative citation shall contain the following provisions:
1. The name, mailing address, date of birth, California driver’s license number, and home or business telephone number of the responsible person charged with any violation of this code;
2. The address or description of the location of the violation;
3. The date or dates on which the person violated this code;
4. The section or sections of this code that were violated;
5. A description of the violation(s);
6. The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorneys’ fees;
7. Notice and procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);
8. The name, addresses and telephone numbers of any witnesses to the violation(s);
9. The name and signature of the enforcement officer who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code;
10. Any other information deemed necessary by the director for enforcement or collection purposes.
F. Administrative Fines.
1. Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of “dangerous fireworks” and “safe and sane fireworks” shall be subject to the imposition and payment of an administrative fine or fines as provided below:
|
Number of Offense in One-Year Period |
Amount of Administrative Penalty |
Late Charge |
Total Amount of Penalty Plus Late Charge |
|---|---|---|---|
|
First |
$1,000.00 |
$250.00 |
$1,250.00 |
|
Second |
$2,000.00 |
$500.00 |
$2,500.00 |
|
Third |
$3,000.00 |
$1,000.00 |
$4,000.00 |
2. In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within 30 calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation, and surrender all dangerous fireworks or the safe and sane fireworks to the enforcement officer, immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the city by the citee. Fines not paid within the time established by this chapter shall accrue interest at the legal rate. On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.
3. All administrative fines and any late charges and interest due shall be paid to the city at such location or address as stated on the citation, or as otherwise designated by the city manager or his or her designee. 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. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution pursuant to Chapter 1.08 BGMC.
4. Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments, including but not limited to recordation to create a lien on any real property owned by the responsible person. The city shall be entitled to recover its attorney’s fees and costs incurred in collecting any administrative fines, late charges and/or interest.
5. 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.
G. Right to an Administrative Hearing.
1. Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing in accordance with the appeal procedures set forth under Chapter 1.16 BGMC.
2. No fees shall be charged for the filing of a request for a hearing.
3. Except as otherwise authorized pursuant to Chapter 1.16 BGMC, a citee shall deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a nonnegotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned.
4. If the enforcement officer submits an additional written report concerning the citation to the city for consideration at the hearing, the enforcement officer shall also serve a copy of such report by first-class mail on the person requesting an administrative hearing no less than seven calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding pursuant to this chapter. (Ord. 894 § 2, 2019).