Chapter 9.20
FIREWORKS
Sections:
9.20.040 Responsible party liability.
9.20.010 Definitions.
For purposes of this chapter, the following words and phrases have the following meanings:
A. “Fireworks” has the meaning set forth in California Health and Safety Code Section 12511.
1. The term “fireworks” includes the following:
a. “Dangerous fireworks,” as defined in California Health and Safety Code Section 12505.
b. “Safe and sane fireworks,” as defined in California Health and Safety Code Section 12529.
2. The term “fireworks” excludes the following:
a. “Exempt fireworks,” as defined in California Health and Safety Code Section 12508.
b. “Party poppers” and “snap caps,” as each is defined in California Code of Regulations, Title 19, Section 980.
B. “Responsible party” means any of the following:
1. A person that owns, rents, leases, or otherwise has possession of, or is in immediate control of, a residence or other private property or a vessel.
2. A person that organizes, supervises, sponsors, conducts, allows, controls, or controls access to, the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at a residence or other private property or on a vessel.
C. “Vessel” has the meaning set forth in California Harbors and Navigation Code Section 651. [Ord. 21-1491 § 2, 2021.]
9.20.020 Prohibition.
No person shall possess, manufacture, sell, offer to sell, use, or discharge, any fireworks. [Ord. 21-1491 § 2, 2021; 1937 Code § 558. Formerly 9.20.010.]
9.20.030 Exceptions.
This chapter does not prohibit the proper use of flares by railroad personnel, peace officers, fire officials, or motorists. [Ord. 21-1491 § 2, 2021.]
9.20.040 Responsible party liability.
A responsible party shall maintain, manage, and supervise the residence or other private property, or vessel, for which they are responsible to prevent violations of this chapter. A responsible party violates this chapter if any person possesses, manufactures, sells, offers to sell, uses, or discharges, any fireworks at the residence or other private property, or on the vessel, for which the responsible party is responsible, regardless of whether the responsible party is present when the violation occurs, if the responsible party had knowledge of the possession, manufacture, sale, offer for sale, use, or discharge of fireworks at the residence or other private property. [Ord. 21-1491 § 2, 2021.]
9.20.050 Enforcement.
Violation of this chapter is a misdemeanor. The city may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in PMC 1.20.030. The amount of the administrative fine is $1,000 for each violation. [Ord. 21-1491 § 2, 2021.]