Chapter 8.57
FIREWORKS
Sections:
8.57.020 Sale and use of fireworks prohibited.
8.57.010 Definitions.
(a) "Fireworks" means and includes:
(1) Any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, whether manufactured, homemade or improvised;
(2) Fireworks classified by the State Fire Marshal as "dangerous fireworks" and as "safe and sane fireworks" pursuant to Health and Safety Code Sections 12561 and 12562;
(3) Any pyrotechnic devices for which the State Fire Marshal requires a license to manufacture, sell, transport or operate; and
(4) Firecrackers, torpedoes, skyrockets, roman candles, cherry bombs, sparklers, chasers, snakes or other fireworks of like or similar construction and any fireworks containing any explosive or flammable compound or substance and any device containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "firework" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths (0.25) of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of such caps. (Ord. 1076 § 1, 2021).
8.57.020 Sale and use of fireworks prohibited.
(a) It is unlawful to sell or offer for sale fireworks of any kind or nature in the city.
(b) It is unlawful to fire, discharge, burn or use fireworks of any kind or nature within the city.
(c) Should the provisions of this section conflict with the provisions of any other ordinance or city code section of the city, the provisions of this chapter shall prevail. (Ord. 1076 § 1, 2021).
8.57.030 Enforcement.
(a) The chief of police or his/her designee shall seize, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored, or held in violation of this chapter.
(b) Violation of this chapter shall be deemed a public nuisance and may be abated pursuant to Chapter 8.04. Additionally, the city may bring a civil action against the violator of this chapter to abate, enjoin, or otherwise compel the cessation of the violation of any provision of this chapter.
(c) Administrative Citation. Upon identification of a violation of this chapter, any enforcement officer may issue an administrative citation or a notice of violation. The administrative fine shall be one thousand dollars ($1,000) for each citation issued to any person who violates this chapter.
(d) Misdemeanor. In addition to the penalties described above, any person who violates this chapter shall also be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), imprisonment in the county jail for a period not exceeding six (6) months, or both, if the violation:
(1) Is a substantial factor in causing harm to persons or property; and
(2) Causes serious bodily injury to persons, defined as the serious impairment of physical condition, and may include, without limitation, loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and/or serious disfigurement; and/or
(3) Causes damage to real or physical property in excess of one thousand dollars ($1,000).
(e) Non-Exclusivity of Penalties. The penalties set forth herein are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this code or any other law, statute, ordinance or regulation, including, without limitation, the California Health and Safety Code or California Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of fireworks.
(f) Response Costs. Any person who has been issued a second administrative citation and/or written notice of violation under this chapter within any twelve (12) month period may, in addition to the penalties provided for in this chapter, also be held liable for response costs incurred in responding to a violation of this chapter. All violators shall be jointly and severally liable for the response costs incurred.
(g) Payment of Fines and Costs.
(1) All administrative fines and/or response costs shall be paid to the city within thirty (30) days from the date of service of the citation, unless the person charged in the citation requests a hearing as set forth in subsection (h) of this section.
(2) Payment of a fine and/or response costs under this chapter shall not excuse or discharge any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
(h) Appeal/Hearing Request.
(1) Any recipient of an administrative citation may contest that there was a violation of this chapter or that he or she is liable for the violation by requesting an appeal hearing within thirty (30) days from the date of service of the citation. The contesting party shall identify the date and location of the alleged violation and indicate in the appeal that he or she is requesting a hearing. The appealing party shall attach a copy of the citation to the appeal.
(2) The person requesting the appeal hearing shall be notified of the time and place set for the hearing at least ten (10) days before the date of the hearing.
(3) If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, a copy of such report also shall be served on the person requesting the hearing at least five (5) days before the date of the hearing.
(4) The city manager, or designee(s), shall designate the hearing officer for the administrative citation appeal hearing.
(i) Appeal/Hearing Procedure.
(1) A hearing before the hearing officer shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for appeal hearing is filed in accordance with the provisions of this chapter.
(2) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
(3) The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a failure to exhaust administrative remedies.
(4) The administrative citation and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.
(5) The hearing officer may continue the appeal hearing and request additional information from the enforcement officer or the recipient of the administrative citation before issuing a written decision.
(6) After considering all of the testimony and evidence submitted at the appeal hearing, the hearing officer shall issue a written decision to uphold or cancel the administrative citation and shall set forth in the decision the reasons for that decision. The decision of the hearing officer shall be final. If the hearing officer determines that the administrative citation should be upheld, then the responsible person shall pay the fine amount within thirty (30) days. The recipient of the administrative citation shall be served with a copy of the hearing officer’s written decision.
(7) The employment, performance evaluation, compensation, and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the hearing officer.
(j) Late Payment Charges.
(1) Unless otherwise provided in this code, any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this chapter, on or before the date that fine is due, shall also be liable for the payment of a late payment charge of ten percent (10%) of the amount of the delinquent fine.
(2) Any person who fails to timely pay, in full, any fine imposed pursuant to the provisions of this chapter, on or before thirty (30) days after its due date shall also pay a second ten percent (10%) of the delinquent amount.
(k) Recovery of Administrative Fines and Costs.
(1) The city may collect any past due administrative citation fine or late payment charge by use of all available legal means, including filing a civil lawsuit.
(2) Any person who fails to pay any obligation shall be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including, but not limited to, administrative costs, and attorneys’ fees.
(3) Collection costs shall be in addition to any penalties, interest, and/or late charges imposed upon the delinquent obligation.
(4) Collection costs imposed under this provision shall be added to and become a part of the underlying obligation.
(l) Right to Judicial Review. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation may obtain review of the administrative decision by filing a petition for review with the superior court in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.
(m) Notices.
(1) The administrative citation required to be given by this chapter shall be served on the violator in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. All subsequent notices shall be served by personal delivery or by deposit in the United States mail, in a sealed envelope postage prepaid, addressed to such person to be notified at his or her last-known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office.
(2) Failure to receive any notice specified in this chapter does not affect the validity of proceedings conducted hereunder. (Ord. 1076 § 1, 2021).