Chapter 8.45
FIREWORKS
Sections:
8.45.010 Findings – Statement of purpose – Intent.
8.45.060 Seizure and disposal.
8.45.010 Findings – Statement of purpose – Intent.
A. Pursuant to the provisions of Government Code Sections 36934 and 36937, the city council of the city of Calimesa (the “city council” of the “city”) has determined that the provisions contained herein are necessary for the immediate preservation of the public peace, health or safety within the incorporated areas of the city. This determination is based on the following facts and circumstances:
1. While the city has always prohibited the personal use and sale of any fireworks within the city, persistent violations of this regulation continue, and the city has experienced a number of fireworks-related fires in the recent past, which have caused damage to personal property and threatened the lives and property of city residents. Historically, the sale, purchase, use, storage and disposal of fireworks has reached serious proportions in the city, endangering the public safety of its citizens such that stronger penalties are needed. The personal use and sale of illegal fireworks in the city are an immediate threat to the public peace, health and safety.
2. Illegal fireworks are a serious concern in the city for several reasons. First, fireworks are frequently sold to children. According to the U.S. Fire Administration, children under the age of 15 suffered 45 percent of all injuries from fireworks in 2003. Second, fireworks are often stored without precautions in residential neighborhoods. In March 2006, in Los Angeles County, a cache of illegally stored fireworks destroyed a Lakewood home when the fireworks erupted in a massive explosion that knocked the house off its foundation and damage several houses and cars nearby. Third, fireworks can be disassembled for the explosive powder they contain, to make bombs and other explosive devices. Fourth and finally, many fireworks come from Mexico, where safety regulations for making fireworks are not as stringent as for those fireworks manufactured in the United States, or those approved by the Office of the California State Fire Marshal.
3. It is well evident that illegal fireworks lead to hazardous situations, injuries, personal property loss and fires, which jeopardize the safety of the public and increase the cost of fire protection and law enforcement. Moreover, in light of the city’s geographical location, the city is subject to extreme fire hazards due to topography, chaparral vegetation and hot, dry Santa Ana wind conditions, making illegal fireworks activities extremely dangerous to all citizens of the city, and not just to those possessing and using illegal fireworks.
4. In the past six years, the number of calls for service responded to by the Riverside County sheriff’s department, under contract as the police department of the city, has doubled while the number of pounds of fireworks confiscated has nearly tripled countywide. In 2004, the sheriff’s department responded to 2,118 calls for service involving fireworks and confiscated approximately 1,223 pounds of fireworks. In 2005, countywide, the sheriff’s department responded to 2,007 fireworks calls for service and confiscated approximately 1,352 pounds of fireworks. These numbers only reflect those calls for service that generated a file number. Many times on holidays with numerous fireworks-related calls, such as the Fourth of July, the fireworks calls for service will be made via a general radio broadcast and are not included in the above statistics.
5. Moreover, in light of the city’s geographical location, the city is subject to extreme fire hazards and long and volatile fire seasons, making the illegal fireworks activities even more dangerous to all residents of the city and surrounding jurisdictions, not just the ones possessing and using the fireworks. The number of fires caused by fireworks in Riverside County and in the city has steadily increased in recent years. In 2003, 63 fires in the county were caused by fireworks. The number rose to 70 fires in 2004 and 79 fires in 2005.
6. Even with enforcement and prosecution, the personal sale and use of fireworks in the city is extremely difficult for local authorities to deter since the current penalties and fines for these illegal activities are minimal. There is a very lucrative “black market” for fireworks, often making the sale and manufacturing of illegal fireworks profitable despite the current penalties allowed for under city ordinances. The seizure of illegal fireworks is further complicated as public safety agencies are not currently funded to cover the full cost of the transport, storage and disposal of illegal fireworks after they are confiscated.
7. Immediate action is needed to increase the penalties for the use, sale, transportation, and manufacturing of fireworks in the city, to deter the continued illegal activities and preserve the public peace, health, safety and welfare. The provisions of this chapter shall apply in all of the incorporated areas of the city. [Updated during 2008 recodification; Ord. 247U § 1, 2006.]
8.45.020 Definitions.
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 meanings ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended.
“Agricultural and wildlife fireworks” means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.
“Dangerous fireworks” has the same meaning ascribed to it under Section 12505 of the California Health and Safety Code and includes all of the following:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates or arsenites.
b. Boron.
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
ii. In caps and party poppers.
iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium or barium chlorate.
d. Gallates or Gallic acid.
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
f. Mercury salts.
g. Phosphorus (red or white, except that red phosphorus is permissible in caps and party poppers).
h. Picrates or picric acid.
i. Thiocyanates.
j. Titanium, except in particle size greater than 100-mesh.
k. Zirconium.
2. Firecrackers.
3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
4. Roman candles, including all devices which discharge balls of fire into the air.
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge.
6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter.
7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, autofoolers, cigarette loads, exploding golf balls and trick matches.
8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter.
9. Torpedoes of all kinds which explode on impact.
10. Fireworks kits.
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
“Exempt fireworks” has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and shall mean any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
“Fire chief” or “chief” shall mean the fire chief of the county of Riverside, the designated fire chief of the city, or his authorized representatives.
“Fireworks” has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and shall mean any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, model rockets, rockets, daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits.
“Fireworks kits” has the same meaning ascribed to it under Section 12512 of the California Health and Safety Code and means any assembly of materials or explosive substances which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of “fireworks.”
“Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
“Pyrotechnic operator” means any licensed pyrotechnic operator who, by examination, experience and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
“Pyrotechnic special effects material” means low explosive materials, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the chief is required for use or storage.
“Safe and sane fireworks” has the same meaning ascribed to it under Section 12529 of the California Health and Safety Code and shall mean any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks.”
“Sheriff” shall mean the sheriff of the county of Riverside, his designated deputy, acting as the police chief of the city, or his authorized representatives. [Ord. 247U § 2, 2006.]
8.45.030 Prohibition.
A. General. No person shall have in his possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640 through 12654 of the California Health and Safety Code, and Article 78 of the Riverside County fire code (Riverside County Ord. 787.2), the applicable provisions of which are adopted hereby by reference, and this chapter. A copy of Riverside County Ord. 787.2 is attached to the ordinance codified in this chapter as Exhibit “A,” and is maintained on file in the city clerk’s office.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the fire chief and the sheriff.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the fire chief and the sheriff. A permit shall be granted only to a State Fire Marshal-licensed pyrotechnic operator. [Ord. 247U § 3, 2006.]
8.45.040 Displays.
A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the sheriff not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held, showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.
B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the sheriff for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors. [Ord. 247U § 4, 2006.]
8.45.050 Exception.
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. [Ord. 247U § 5, 2006.]
8.45.060 Seizure and disposal.
A. It shall be the duty of the fire chief and his authorized representatives and the sheriff and his authorized representatives to enforce the provisions of this chapter.
B. The fire chief and his authorized representatives and the sheriff and his authorized representatives shall have the authority to seize, take and remove any fireworks, dangerous fireworks or safe and sane fireworks. The fire chief and his authorized representatives and the sheriff and his authorized representatives may charge any person whose fireworks are seized pursuant to this section a reasonable amount which is sufficient to cover the cost of transporting, storing, handling and disposing of the seized fireworks.
C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement are provided for in Riverside County Ord. 725, the applicable provisions of which are adopted hereby by reference, and this chapter. A copy of Riverside County Ord. 725 is attached to the ordinance codified in this chapter as Exhibit “A,” and is maintained on file in the city clerk’s office. [Ord. 247U § 6, 2006.]
8.45.070 Penalties.
A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than $500.00 nor more than $1,000, or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment.
B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for one year.
C. A person is guilty of a separate offense for each and every day or portion thereof during which he or it commits, continues or permits a violation of this chapter.
D. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery and/or transportation of dangerous fireworks. [Ord. 247U § 7, 2006.]