Cities Index.
RMC Chapter 1.18

Riverside City Council
December 12, 2023

Document
RMC Chapter 1.18
Meeting
December 12, 2023
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Riverside City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on riversideca.legistar1.com. That file is the official record.

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Chapter 1.18 - ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF THE CITY'S FIREWORKS LAWS

1.18.010 - Denitions.

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

Dangerous fireworks has the same meaning ascribed to it under the State Fireworks Law.

Fire Chief means the Fire Chief of the City of Riverside or his or her designee.

Minor means a person under the age of 18 years.

Person means a natural person or a legal entity.

Police Chief means the Police Chief of the City of Riverside or his or her designee.

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.

Pyrotechnic special effects material means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the Chief is required for use or storage.
(Ord. 7359 § 2, 2016)

1.18.020 - Prohibition, seizure and disposal.

Pursuant to Section 16.32.375 of the Riverside Municipal Code, the selling, offer for sale, use, discharge, possession, storage, or transportation of fireworks is prohibited.

It shall be the duty of the Police Department, Fire Department, and Code Enforcement Division to enforce the provisions of this chapter. The City Manager may designate others to enforce this chapter. Such persons shall be considered "Enforcement Officers" within the meaning of Chapter 1.17 of this Code.

The Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks. (Ord. 7359 § 2, 2016)

1.18.030 - Special events.

Every person who applies for and receives a permit for special events to use City streets, parks, facilities and services pursuant to Chapter 2.28 of this Code or similar license or approval required by the City to close a street or otherwise reserve or use a piece of city property shall make all reasonable efforts necessary to ensure that dangerous fireworks are not used at said event.
(Ord. 7359 § 2, 2016)

1.18.040 - Penalties.

In addition to any remedy available at law, any person in violation of any provision of this chapter or Section

16.32.375 of this Code involving 25 pounds or less of fireworks is subject to the issuance of an administrative citation of $1,000.00 and a disposal fee as set by the State.
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A person is subject to the issuance of an administrative citation for causing a code violation to occur or allowing 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.

Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, is subject to the issuance of an administrative citation in addition to any that may be issued to the offending minor.

A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.

Any person, irrespective of age, found in violation of any provision of this chapter may be issued an administrative citation in accordance with the provisions of this chapter.

Fines collected pursuant to administrative citations shall be subject to cost reimbursement to the Office of the State Fire Marshal to the extent mandated by state law.

Fines collected pursuant to administrative citations shall not subject to Health and Safety Code § 12706.

Nothing in this chapter shall be intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code with regard any person or entity who possess, keeps, stores, uses, shoots, discharges, sets-off, ignites, explodes, manufactures, sells, offers to sell, or gives away any fireworks.

Any property owner or person in control of property who has knowledge of a person selling, using, discharging, possessing fireworks, or providing fireworks to a minor on the property owned by such person or under such person's control, shall be in violation of this section. (Ord. 7359 § 2, 2016)

1.18.050 - Response costs.

A person who has violated this chapter shall be liable for response costs incurred in responding to the unpermitted sale, offer for sale, use, discharge, possession, storage, or transport of fireworks.

If a person who violated this chapter is a minor charge, the legal guardian(s) of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this chapter.

To incur liability for response costs imposed by this chapter, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.

Response costs imposed by this chapter are in addition to any other costs that may be recovered under this Code. (Ord. 7359 § 2, 2016)

1.18.060 - Appeals.

A citation issued for failure to comply with the provisions of this section may be appealed to an Administrative Hearing Officer pursuant to procedures established in Chapter 1.17. (Ord. 7359 § 2, 2016)

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