Chapter 6.29
FIREWORKS REGULATIONS AND ENFORCEMENT
Sections:
6.29.030 Issuance of administrative citation.
6.29.040 Administrative fines.
6.29.050 Administrative appeal hearing.
6.29.010 Purpose.
A. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this code in order to encourage and obtain compliance with the provisions of this code for the benefit and protection of the entire community.
B. This chapter governs the imposition, enforcement, collection, and administrative review of all administrative fines, related to: the possession, use, storage, sale or display of those fireworks classified as “dangerous fireworks” as defined in Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of “safe and sane fireworks” as defined in California Health and Safety Code Section 12500 et seq. on or at dates, times or locations other than those permitted by this code. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.
C. This chapter imposes a duty upon the owners of all real property to ensure that there are no violations of this code on such real property. (Ord. 851 § 2, 2021).
6.29.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Administrative citation” means a “ticket” issued when the enforcement official has determined that a violation of the Patterson Municipal Code has occurred. It is an official notification, on an appropriate form as established by the city, to include the code violation(s), and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter. Administrative citations are not part of the judicial process unlike infraction or misdemeanor citations.
“Citation” means an administrative citation issued pursuant to this chapter to remedy a violation.
“Citee” means any person served with an administrative citation charging him or her as a responsible person for the violation.
“Code” means the city of Patterson Municipal Code.
“Code enforcement officer” (“CEO”) means any employee or agent or public safety officer of the city of Patterson designated by the city council to enforce any provision of this code.
“Dangerous fireworks” means fireworks as defined under California Health and Safety Code Sections 12505 and 12561 are:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites;
b. Boron; or
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 fifteen percent (or six hundred milligrams) is potassium, sodium, or barium chlorate;
iv. Gallates or gallic acid;
v. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);
vi. Mercury salts;
vii. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers);
viii. Picrates or picric acid;
ix. Thiocyanates;
x Titanium, except in particle size greater than one hundred mesh; or
xi. 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 ten 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, auto-foolers, 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 section.
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 or her, 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” means fireworks as defined in California Health and Safety Code Section 12508: 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.
“Issuance” or “issued” means any of the following:
1. The preparation and service of an administrative fine citation to a citee in the same manner as a 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;
2. Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the county assessor; or
3. By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:
a. By leaving a copy at the recipient’s dwelling or usual place of residence, in the presence of a competent member of the household, and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left; or
b. In the event the responsible party cannot be served by first class mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by first class mail to the responsible party in violation at the address of the property where the violation exists.
“Person” means a natural person or a legal entity that is also an owner, tenant, lessee or other person with any right to possession or control of the property where a violation of this code occurred.
“Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue, or any person with an ownership interest or right of possession of the real property where unpermitted fireworks are possessed, sold, used, manufactured or discharged, including, but not limited to:
1. Any owner-occupant.
2. Any lessee, subtenant, licensee, or other person having possessory control over a property, structure, or parcel of land.
3. Any person that organizes, supervises, officiates, conducts, or controls the gathering or any other person accepting responsibility for such a gathering.
4. Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the city is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this chapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used, or discharged in order for the city to issue an administrative citation under this chapter.
5. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.
6. For purposes of this chapter, there may be more than one responsible person for a violation.
“Safe and sane fireworks” means fireworks as defined in Health and Safety Code Sections 12529 and 12562: any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks.”
“Violation” or “violates” means any violation of any provision of this code. (Ord. 851 § 2, 2021).
6.29.030 Issuance of administrative citation.
A. The issuance of citations imposing administrative fines may be performed at the discretion of the authorized officials of the city; and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this code by any person. By adopting this code, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which this city may otherwise pursue.
B. Whenever the code enforcement officer determines that a violation of the code has occurred, the officer may issue an administrative citation listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of fines set forth.
C. Each violation of this code, whether on the same day or different day, shall constitute a separate violation and shall be subject to a separate administrative fine.
D. The citee shall be required to abate the violation, and immediately surrender all dangerous fireworks to the code enforcement officer.
E. The imposition of fines related to “dangerous fireworks” under this chapter shall be limited to persons who possess, sell, use or display, or the seizure of twenty five pounds or less (gross weight), including packaging, of such dangerous fireworks. (Ord. 851 § 2, 2021).
6.29.040 Administrative fines.
A. Each person who violates any provision of this code as it relates to the possession, use, storage, sale or display of “dangerous fireworks” shall be subject to the imposition and payment of an administrative fine or fines as follows:
|
Number of Offense in One-Year Period |
Amount of Administrative Penalty |
(30 Day) Late Payment Charge |
Total Amount of Penalty plus Late Charge |
|---|---|---|---|
|
1st Offense |
$1,000 |
$250 |
$1,250 |
|
2nd Offense |
$2,000 |
$500 |
$2,500 |
|
3rd Offense |
$3,000 |
$1,000 |
$4,000 |
B. Any person that fails to obtain a permit from the city to sell safe and sane fireworks as required under Chapter 6.28, or any person who uses or discharges any safe and sane fireworks in violation of Chapter 6.28, shall be subject to the following fine or fines:
|
Number of Offense in One-Year Period |
Amount of Administrative Penalty |
(30 Day) Late Payment Charge |
Total Amount of Penalty plus Late Charge |
|---|---|---|---|
|
1st Offense |
$250 |
$75 |
$325 |
|
2nd Offense |
$500 |
$150 |
$650 |
|
3rd Offense |
$750 |
$300 |
$1,050 |
C. The administrative fine(s) for violations of any of the above provisions shall be due and payable to the city within thirty calendar days from the date of issuance of the administrative fine citation. Failure to pay the penalties in full within that time shall have a late charge imposed in the amount as set forth above and shall begin accruing interest at the prevailing established rate until fully paid.
D. The city may collect the assessed administrative fine(s) and related administrative costs incurred such as attorney fees, costs to collect fine(s), late fees, and interest, in any manner allowed by law, including but not limited to recordation of a lien on any real property owned by the responsible person.
E. Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
F. On the second and each subsequent time that a person is issued a citation for the same violation in any twelve-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine, and any incurred associated late charges and interest, until it is paid, in addition to being responsible for payment of previous fines.
G. Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or California Penal Code.
H. Fines collected pursuant to this administrative fine process for dangerous fireworks violations:
1. Shall not be subject to Health and Safety Code Section 12706, which provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer;
2. Shall include cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous fireworks seized by the city; and
3. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust two hundred fifty dollars or twenty-five percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks. (Ord. 851 § 2, 2021).
6.29.050 Administrative appeal hearing.
Any citee may appeal the violation(s) and the issued administrative citation(s) by filing a request for hearing pursuant to Chapter 1.36. Chapter 1.36 shall govern the hearing and the appeal of any such citation(s). (Ord. 851 § 2, 2021).