Division III. Offenses Against Public Health and Safety
Chapter 9.20
FIREWORKS
Sections:
9.20.030 Exceptions – Permit required.
9.20.040 Seizure of fireworks.
9.20.050 Supplement to state statutes.
9.20.010 Definitions.
For the purpose of this chapter, the word “fireworks” shall have the respective meanings ascribed to it in Section 12500 et seq. of the Health and Safety Code of the state of California. (Ord. 452 § 2, 2007).
9.20.020 General prohibition.
No person, firm, corporation or other legally recognized entity shall possess, offer for sale, sell, use or display, within the incorporated territory of the city of Holtville, fireworks of any kind as defined by California Health and Safety Code Section 12500. However, nothing in this chapter shall be construed as prohibiting the following:
The use of torpedoes, flares, or fuses by railroads or other transportation agencies for signal purposes or illumination.
The sale or use of blank cartridges for ceremonial purposes, athletic or sports events or military ceremonials or demonstrations.
The transportation of fireworks through the unincorporated territory of the city of Holtville in regular course, and in original packages or containers, from any point outside of the city to any other point outside the city. (Ord. 452 § 3, 2007).
9.20.030 Exceptions – Permit required.
Any person, firm, corporation or other legally recognized entity desiring to use fireworks within the incorporated territory of the city of Holtville for the purpose of public display or the production of motion pictures, theatricals, or operas (when such use and display is a necessary part of such production) shall submit an application for permit to the office of the city of Holtville’s fire chief not less than 90 days before the date of the proposed use. In the event a permit is granted, possession and use of fireworks shall be lawful for the permitted purpose only. The approval of any application shall be at the sole discretion of the fire chief. No permit granted hereunder shall be transferable.
The fire chief, or his/her designee, shall have power to adopt reasonable rules and regulations for granting of permits for the use of fireworks. Every such use shall be handled by a competent operator approved by the fire chief, or his/her designee, and shall be of such character and so located, discharged, or fired as in the opinion of the fire chief, or his/her designee, shall not be hazardous to persons or property.
The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief, or his/her designee, for the payment of all damages which may be caused to a person or persons, entity or entities, or to any real or personal property by reason of the permitted use and arising from any acts of the permittee, his agents, employees or subcontractors. By accepting a permit, permittee agrees to indemnify and hold the city of Holtville harmless from any such damages.
All fireworks that remain unfired after the permitted use is concluded shall be immediately disposed of in an approved manner for the particular type of fireworks remaining. (Ord. 452 § 4, 2007; Ord. 410, 1990).
9.20.040 Seizure of fireworks.
The fire chief, or his/her designee, and the police chief, or his/her designee, shall have the authority to seize, take, remove or cause to be removed, at the sole expense of the owner, all stocks of fireworks possessed, offered for sale, sold, used, or displayed in violation of this chapter. The fire chief, or his/her designee, and the police chief, or his/her designee, may charge any person, or in the case of a minor, their parent(s) or legal guardian(s), 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. (Ord. 452 § 5, 2007).
9.20.050 Supplement to state statutes.
The provisions of this chapter shall supplement and be construed in harmony with the State Fireworks Law (Part 2, Division 11 of the Health and Safety Code of the state of California) and other applicable provisions of the laws of the state of California. (Ord. 452 § 6, 2007).
9.20.060 Violation – Penalty.
Any person, firm, corporation or other legally recognized entity violating any of the provisions of this chapter shall be guilty of an infraction offense and punished by a fine not exceeding $500.00 for a first violation. The second and any additional violations perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. (Ord. 452 § 7, 2007).