Chapter 8.32
FIREWORKS
Sections:
8.32.030 General prohibition against possession, use, or sale of fireworks.
8.32.120 Revocation of permit.
8.32.130 Seizure of fireworks.
8.32.140 Police and fire department illegal fireworks operation plan and after action report.
8.32.180 Manufacture of fireworks prohibited.
8.32.190 Administrative fines and penalties.
8.32.200 Concurrent authority.
8.32.210 Fees deemed debt to the city.
* Prior legislation: Ords. 368, 369, 589, 760 and 884, and prior code §§ 8-100 – 8-109.
8.32.010 Purpose.
The purpose of this chapter is to regulate the possession, use, storage, sale and display or fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.020 Definitions.
When used in this chapter, the following words shall have the meanings ascribed to them in this section:
“Affiliated organizations,” for purposes of this chapter, shall be presumed to be the following:
1. Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;
2. Organizations sharing the same officers and/or place of meetings and/or national parent organization;
3. Subdivisions and/or fractional divisions however named or delineated of organizations.
“Citation” means an administrative citation issued pursuant to this section to remedy a violation.
“Citee” means any person served with an administrative citation charging him or her as a responsible person for violation.
“City” means the city of Seaside.
“Code” means the city of Seaside Municipal Code.
“Code enforcement officer” or “CEO” means any employee or agent of the city of Seaside designated by the city council to enforce any provision of this code.
“Dangerous fireworks” means fireworks as listed and defined in California Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19 of the California Code of Regulations, as the same may be amended from time to time.
“Eligible nonprofit organization” means a duly organized nonprofit, tax exempt charitable, religious, civic, patriotic, or community service association, organization, or corporation (collectively “the organization”) which has met all the following criteria continuously for a minimum period of one year immediately preceding the filing of an application for a permit to display for sale or to sell safe and sane fireworks.
1. The organization must be a duly organized nonprofit entity which has tax exempt status from the Internal Revenue Service or the Franchise Tax Board, or which is an organization affiliated with and operating solely in support of an elementary school, junior high school, high school, university or community college that is located within the city of Seaside and that serves, in whole or in part, residents of the city of Seaside.
2. The organization must have its principal place of business and principal meeting place within the city of Seaside and must hold its regularly scheduled meetings within the city of Seaside.
3. The organization must be one which provides direct and regular community services and benefits to the residents of the city of Seaside.
4. The organization must not have had a permit to sell revoked within twenty-four months prior to the organization’s submittal of an application for a permit to sell.
“Exempt fireworks” means 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, and agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
“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. These items include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. These terms include both “dangerous fireworks” and “safe and sane fireworks.”
“Fireworks sales permit” or “permit” means a permit issued pursuant to this chapter authorizing the display for sale and the sale of state-approved fireworks.
“Fireworks stand” means any building, counter, or other structure of a temporary nature used in the sale, the offering for sale, or display for sale of “safe and sane fireworks.”
“Fireworks wholesaler” and “fireworks distributor” means a person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale. It also includes any person who sells dangerous fireworks to public display permittees.
“Hearing officer” means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.
“Issuance” or “issued” means:
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 III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
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 abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, 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, postage prepaid, 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 effected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage prepaid, to the responsible party in violation at the address of the property where the violation exists.
“Permittee” means an eligible nonprofit organization to which a permit has been issued pursuant to this chapter.
“Person” means any person, partnership, organization, firm, corporation, association or any combination thereof, or any city, county, city and county, and state, and shall include any of their employees and authorized representatives.
“Principal place of business” and “principal meeting place” includes, but is not limited to, a permanent structure, playing field, geographic area, or service population which resides in or is located within the city of Seaside.
“Public display of fireworks” means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to those defined in this chapter.
“Responsible person” means a person who causes a violation of this chapter 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. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. 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 responsibly should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.
“Violation” or “violates” means any violation of any provision of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.030 General prohibition against possession, use, or sale of fireworks.
Except as otherwise provided in this chapter, no person shall possess, sell, use, display, explode, or discharge any fireworks within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.040 Exception – Public displays and special events – Agricultural and wildlife fireworks – Model rockets.
A. The display of fireworks shall be permitted as a part of an entertainment feature which is either a city-sponsored or co-sponsored event or for which a special event permit has been issued pursuant to SMC 17.62.040(E)(3) and to which the general public is admitted.
B. It shall be unlawful for any person to possess, sell, furnish, or give away, or offer or expose for sale, or fire, discharge, or explode, any agricultural and wildlife fireworks within the city of Seaside without first obtaining a permit to do so from the fire chief. The permit shall not be transferable and shall particularly describe the place where agricultural and wildlife fireworks are to be stored, sold, or discharged. Such permit shall be for such length of time as the fire chief shall determine, but in any event, not to exceed twelve months.
C. The sale, purchase, storage, firing or discharge of model rockets may be allowed by written permit from the fire chief or his/her designee which shall include, but not be limited to, the conditions contained in Title 19 of the California State Administrative Code and any other conditions the fire chief may deem reasonably necessary for the safety and welfare of the public and the community. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.050 Exception – Safe and sane fireworks.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.060 Permit to sell safe and sane fireworks – Application – Qualified applicants.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.070 Limitation on permits to sell safe and sane fireworks – Selection of eligible nonprofit organizations.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.080 Operator safety seminar.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.090 Operation of fireworks stand.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.100 Fireworks stands.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.110 General requirements for permittees.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.120 Revocation of permit.
A. The city fire chief or his/her designee or the city fire marshal or his/her designee may revoke, immediately and without notice or hearing, the permit of any permittee who violates any provision of this chapter. In the event of any such revocation the permittee must immediately cease operations and shall no longer display for sale or sell any fireworks. Any permittee whose permit has been revoked shall be prohibited from applying for or from receiving a permit under this chapter for a period of two years from the date of revocation.
B. Any revocation made pursuant to this section may be appealed by the permittee to the city manager on the next business day following such revocation. The city’s fire chief and/or fire marshal or his/her designee shall provide the city manager with written notice of the revocation, including the name of the permittee and a brief statement on the grounds for revocation. The city manager shall consider the appeal at his/her earliest convenience and may, in his/her sole discretion, meet with the permittee to review the revocation and may, in his/her discretion, support or overturn the revocation. The city manager’s decision shall be final and dispositive of the matter. In the event the city manager overturns the revocation the permittee may immediately resume operations pursuant to the originally issued permit and shall remain eligible for participation in the next year’s application selection process. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.130 Seizure of fireworks.
The fire chief or the fire marshal may seize, take, remove, or cause to be removed, at the expense of the permittee or owner thereof, all stocks of fireworks displayed or available for sale, stored, or held in violation of this chapter. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.140 Police and fire department illegal fireworks operation plan and after action report.
A. On or before the first regular city council meeting in May of every year, both the city’s police and fire departments must present to the city council an operation plan for the thirty-day period surrounding the 4th of July (June 17th through July 16th) for that year. Said operation plan should include, but not be limited to, the following information:
1. Identification of areas within the city where illegal fireworks were a problem in the previous year;
2. A general explanation of the supplemental fire and law enforcement personnel deployed within the city;
3. A report on the additional apparatus and personnel who’ll be on duty for the period of June 17th through July 16th of that year;
4. Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the city council;
5. A detailed discussion of the costs that will be incurred by the city that year to be delivered in the operation plan; what, if any, of these costs will be covered by existing fees levied on the permittees, and unexpended surcharge revenue from prior years;
6. A proposed recommendation for a surcharge resolution establishing the surcharge amount to be levied that year on each retail sale of safe and sane fireworks in an amount not to exceed seven percent.
B. On or about September 1st of that same year, both police and fire departments must report back to the city council with an after action report. That report should include, but is not limited to:
1. An evaluation of the effectiveness of that department’s operation plan for that year including a listing of any significant fireworks-related incidents, both “dangerous fireworks” and “safe and sane fireworks”;
2. Relevant incident statistics for the period of June 17th through July 16th, and identification of fireworks related incidents;
3. A report on how many calls there were regarding suspected “dangerous fireworks,” how many of those calls either of the departments responded to, how many of those calls resulted in seizures and/or administrative fine citations. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.150 Fireworks surcharge.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.160 Wholesale storage of safe and sane fireworks.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.170 Fireworks wholesaler public education plan.
Repealed by Ord. 1095. (Ord. 1014 § 2, 2014)
8.32.180 Manufacture of fireworks prohibited.
No person, firm, or corporation shall manufacture fireworks of any type within the city of Seaside. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.190 Administrative fines and penalties.
A. Repealed by Ord. 1095.
B. Any person or entity who possesses, uses, stores, sells, and/or displays safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this chapter are subject to an administrative fine, together with all costs of enforcement, of an amount not to exceed one thousand dollars for each such offense. Administrative fines shall be subject to the procedures established in Chapter 2.56 SMC.
C. The remedies set forth in this chapter are in addition to all other legal and equitable remedies, administrative, criminal or civil, that may be pursued by the city to address violations of this chapter.
D. The imposition of administrative fines under this section related to the use, possession, sale, or display for sale of dangerous fireworks shall be limited to persons who possess, sell, use, and/or display, or the seizure of, less than twenty-five pounds of dangerous fireworks measured by gross weight. Any person or entity who possesses, uses, stores, sells, and/or displays less than twenty-five pounds of dangerous fireworks is subject to an administrative fine, together with all costs of enforcement, of not less than one thousand dollars for each such offense.
E. Administrative fines collected pursuant to this section and related to dangerous fireworks shall not be subject to the restrictions of California Health and Safety Code Sections 12500 through 12759; however, the city shall provide cost reimbursement to the state Fire Marshal pursuant to regulations 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, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted, the city shall hold in trust two hundred fifty dollars, or twenty-five percent of administrative fines collected, to cover the cost reimbursement to the state Fire Marshal for the cost of transportation and disposal of the dangerous fireworks.
F. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.200 Concurrent authority.
This chapter is not the exclusive regulation of fireworks within the city. It shall supplement and be in addition to other state, local, or federal laws, regulations, or ordinances and any other legal entity or agency having jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)
8.32.210 Fees deemed debt to the city.
The amount of any fine, fee, cost or charge imposed by this chapter shall be deemed a debt to the city that is recoverable in any court of competent jurisdiction. (Ord. 1095 § 3, 2020; Ord. 1014 § 2, 2014)