CHAPTER 1
DANGEROUS MATERIALS

Article 1    FIREWORKS

4.1.102 Definitions.

For purposes of this chapter, the following definitions shall apply:

a.    "Fireworks" means 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 designed by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke parts, aerial bombs, and firework kits. "Fireworks" includes both "dangerous fireworks" and "safe and sane" fireworks as those terms are defined in the California Health and Safety Code.

b.    "Property" means any private property, including but not limited to a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented or used with or without compensation.

c.    "Responsible person" includes, but is not limited to:

1)    The person or persons who owns, rents, leases or otherwise has possession of the residence or other private property; and

2)    The person or persons in immediate control of the residence or other private property; and

3)    The person or persons who organize, supervise, sponsor, conduct, allow, control or controls access to the unlawful use, discharge, possession, storage or sale of fireworks; and

4)    Any "responsible person" as defined in Section 1.5.202(i).

(Sec. 1, Ordinance No. 05-21, adopted June 8, 2021)

4.1.104 Use, Discharge, Possession, Storage or Sale of Fireworks.

a.    It is unlawful and a public nuisance for any person to use, discharge, possess, store or sell fireworks on public or private property without a written, advance authorization issued by the Chief of Police for supervised public displays of fireworks by a jurisdiction, fair association, amusement park, or other organization.

b.    It is unlawful and a public nuisance for a responsible person to allow the use, discharge, possession, storage or sale of fireworks on private property when the responsible person knows or should know of the use, discharge, possession, storage or sale of fireworks at the property.

(Sec. 1, Ordinance No. 05-21, adopted June 8, 2021)

4.1.106 Enforcement.

Violations of this article are punishable as set forth in Chapters 1.5 and 1.6, except that citations for violations of this article shall impose a $1,000 fine. Nothing in this article limits any of the penalties provided in the California Health and Safety Code or California Penal Code with regard to the unlawful use, discharge, possession, storage or sale of fireworks.

(Sec. 1, Ordinance No. 05-21, adopted June 8, 2021)

4.1.108 Exceptions.

This article does not forbid or control acts or matters expressly allowed, permitted, or licensed under State law; nor does it allow acts or matters more strictly forbidden or controlled by State law or by local fire regulations.

(Sec. 1, Ordinance No. 05-21, adopted June 8, 2021)

Article 2    WEAPONS

4.1.202 Firearms Possession by Minors.

No minor under the age of 16 years shall possess or use firearms of .22 caliber or greater or air guns except under the direct supervision and control of an adult.

4.1.204 Firearms Discharge Restrictions; Exceptions.

a.    No person shall discharge any firearm in any public place.

b.    Subsection (a) of this section shall not apply to:

1)    The discharge of firearms otherwise authorized by law;

2)    Any of the persons listed in Penal Code Section 12031(b).

c.    Firearms Enforcement Officer. The Oakley Police Department shall be responsible for the enforcement of this section.

d.    Firearms Ammunition Sale to Minors. No person shall sell or give to any minor under the age of 16 years any ammunition capable of being used in any firearm, unless the minor is accompanied by a parent, legal guardian or adult authorized by the parent.