Amendment of BMC 8.16
(Fireworks Ordinance)
Addition of strict liability for all violations contained in BMC 8.16 Strict Liability: Existing in both civil and criminal law, strict liability holds an individual accountable without the need to prove intent, especially when protecting public health and safety.
Definition of Responsible Person
Responsible Person: Any person with control, possession, ownership or other legal rights to real property that is the subject of, or associated with, any act prohibited by this chapter.
1 Modification of BMC 8.16
(Fireworks Ordinance)
Definition of Responsible Person
Any person with control, possession, ownership or other legal rights to real property that is the subject of, or associated with, any act prohibited by this chapter.
2 Modification of BMC 8.16
(Fireworks Ordinance)
Responsible Person Liability
A responsible person is strictly liable for any violation of this chapter that occurs during a gathering on property that the responsible party owns, possesses, or controls, or in the public right-of-way immediately adjacent to property that the responsible person owns, possesses, or controls, when the responsible person is present at, or has knowledge of the gathering.
A responsible person is subject to administrative citation(s) for any violation under this chapter, regardless of personal intent or awareness of the violations.
3 Modification of BMC 8.16
(Fireworks Ordinance)
Responsible Person Liability (cont.)
Presumption that any prohibited act under this chapter conducted in the public right-of-way or any public property by an person is attributable to the responsible person where such violation is immediately adjacent to the responsible person’s private property.
Non-Liability: A responsible person who is the first to report violations to law enforcement or fire officials before the violations are witnessed are not labile for actions by a gathering on property which the responsible person is responsible for.
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