CHAPTER 5.40
FIREWORKS
SECTION:
5.40.010: Sales Permit; Temporary Stands
5.40.020: Restrictions On Sale
5.40.030: Fire Extinguisher Required
5.40.050: Fireworks – Restrictions On Use
5.40.070: Response And Administrative Costs
5.40.080: Violation And Penalty
5.40.090: Remedies Nonexclusive
5.40.010 SALES PERMIT; TEMPORARY STANDS:
A. Council Authority: The city council shall have the authority by resolution or minute order to grant annual permits for the sale of fireworks designated by the California State Fire Marshal to be of the safe and sane type and approved for sale in the state of California from a temporary stand upon written application therefor, to any charitable, civic, or patriotic group or organization.
B. Conditions Of Application And Permit; Fee:
1. Such application shall specifically identify the contemplated location of the proposed stand.
2. Any permit issued by the council may contain reasonable conditions and use restrictions. All persons selling or offering to sell fireworks from any such stand shall abide by the conditions and restrictions imposed by the city council in granting the permit, and shall take all necessary precautions to prevent fire and/or any other potential harm or danger to the general public associated with fireworks from occurring.
3. No person shall light or cause to be lit any firework or other combustible article within the confines of any such stand or within one hundred feet (100’) thereof.
4. Each application for any such permit shall be accompanied by a filing fee made payable to the city in the amount as established by a resolution of the city council. (1972 Code § 9.16.030; amd. 2003 Code; Ord. 2024-144, 5-20-2024)
5.40.020 RESTRICTIONS ON SALE:
No person shall sell or offer for sale any fireworks within the city, except in a temporary stand or structure used for display and sale of fireworks operated and maintained by a recognized charitable, civic, or patriotic group or organization with the permit of the city. (1972 Code § 9.16.010; amd. 2003 Code; Ord. 2024-144, 5-20-2024)
5.40.030 FIRE EXTINGUISHER REQUIRED:
There shall be maintained in each temporary stand within which fireworks are sold or offered for sale a fire extinguisher at least rated 10A with current inspection tag. (1972 Code § 9.16.040; amd. 2003 Code; Ord. 2024-144, 5-20-2024)
5.40.040 DATES FOR SELLING:
No fireworks shall be sold or offered for sale within the city except during the period of twelve o’clock (12:00) noon on June 28 through eight o’clock (8:00) P.M. on July 4 of the same calendar year. Notwithstanding, the city council shall retain the discretion to allow for the sale of fireworks within the city on additional dates when such sales are an appropriate part of a local, state or national event, when the state fire marshal has authorized the sale of such fireworks, and when the city’s fire marshal has determined that such sales do not pose a threat to the health, safety and welfare of the citizens of Gonzales when performed in accordance with the provisions of this chapter. (1972 Code § 9.16.050; Ord. 2024-144, 5-20-2024)
5.40.050 FIREWORKS – RESTRICTIONS ON USE:
A. Fireworks In General: Except as provided in this chapter, it shall be unlawful for any person, corporation, or entity to possess, store, offer for sale, sell at retail or wholesale, use, discharge, explode or permit the use of property or property under their control any fireworks except "safe and sane fireworks" as defined herein. All fireworks other than safe and sane fireworks shall be considered illegal fireworks.
B. Restrictions On The Use of "Safe and Sane" Fireworks: Safe and sane fireworks may be discharged within the city limits only on July 4 each year between the hours of eleven o’clock (11:00) A.M. and ten thirty o’clock (10:30) P.M. Safe and sane fireworks must be discharged in areas free of dry vegetation or other combustible materials and at least fifteen feet (15’) from any structure. Smoldering remnants of fireworks must be soaked in water before being placed in trash collection containers.
C. Public Displays: The fire chief shall have the authority to grant permits for those activities enumerated in section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a public agency. (Ord. 2024-144, 5-20-2024)
5.40.060 PUBLIC NUISANCE:
It is hereby declared to be a public nuisance for any person to discharge or provide to others for discharge, illegal fireworks within the city of Gonzales. (Ord. 2024-144, 5-20-2024)
5.40.070 RESPONSE AND ADMINISTRATIVE COSTS:
A. A person who has violated the provisions of this chapter may be liable for response and administrative costs incurred in responding to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks.
B. If a person who has violated the provisions of this chapter is a minor, the responsible guardian(s) of the minor and the minor shall be jointly and severally liable for the response/administrative costs incurred pursuant to this chapter.
C. To incur liability for response/administrative costs imposed by this chapter, a person who violates the chapter need not be present at the events that causes the response giving rise to the imposition of response/administrative costs.
D. Response/administrative costs imposed by this chapter are in addition to any other costs that may be recovered under this code.
E. For purposes of this chapter, the term "response costs" shall mean those reasonable and necessary costs directly or indirectly incurred by the city for a response to the illegal unpermitted possession, storage or discharge of fireworks and the transportation, storage and disposal of all confiscated fireworks, including but not limited to responding to fires. Response costs shall include the cost of providing police, fire and/or emergency response services, including but not limited to salaries and benefits for the full amount of time spent responding to, remaining at, or otherwise dealing with circumstances attendant to a violation of this chapter, cost of any medical treatment to or from fire, law enforcement, or emergency personnel injured while responding to, remaining at, leaving or otherwise associated with a violation of this chapter, and cost to repair any city equipment or property damaged and the cost of use of such equipment in responding to, remaining at, leaving or otherwise associated with a violation of this chapter.
F. The city’s response costs shall be deemed a debt owed to the city and may be recovered by the city in a civil action. The city may also recover any attorney fees and costs incurred in the action if the city brings a civil action and prevails.
G. The city may impose a lien on property involved in a violation of this chapter in accordance with applicable law to collect any unpaid response costs assessed in accord with this chapter. (Ord. 2024-144, 5-20-2024)
5.40.080 VIOLATION AND PENALTY:
Violation of the provisions of this chapter shall be an infraction subject to the fines set forth in chapter 1.16. (Ord. 2024-144, 5-20-2024)
5.40.090 REMEDIES NONEXCLUSIVE:
Nothing in this chapter in any way limits any other remedy that may be available to the city, or any penalty that may be imposed by the city, county, state, or federal law enforcement for violations of this chapter. (Ord. 2024-144, 5-20-2024)