CHAPTER 8.61: PROHIBITED FIREWORKS
Section
8.61.010 Dangerous fireworks prohibited
8.61.020 Dangerous fireworks defined
8.61.030 Violation - penalty
8.61.040 State law limitations
§ 8.61.010
DANGEROUS FIREWORKS PROHIBITED.
In accordance with state law, it is unlawful for any person, organization, group, association and the like to possess, sell, use or discharge any “dangerous fireworks” in the city, without a permit or license granted by the State Fire Marshal. § 8.61.020
DANGEROUS FIREWORKS DEFINED.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS FIREWORKS.
Means and carries the same definition as provided in Cal. Health and Safety Code, § 12505, as amended by the state legislature from time to time.
§ 8.61.030
VIOLATION - PENALTY.
(A) Any person, organization, group, association and the like violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of §
1.12.010.
(B) In addition to any other penalties provided by law, any person, organization, group or association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of:
(1) Two thousand five hundred dollars for the first offense; (2) Five thousand dollars for the second offense within 36 months; and (3) Ten thousand dollars for each subsequent offense within 36 months. (Ord. MC-1535, passed 5-6-2020)
§ 8.61.040
STATE LAW LIMITATIONS.
(A) Any administrative fine or administrative civil penalty assessed pursuant to this chapter shall provide for cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs pursuant to Cal. Health and Safety Code, § 12557.
(B) This chapter shall be limited to apply only to a person, organization, group, association and the like who possesses or the seizure of 25 pounds or less of dangerous fireworks. (C) Any administrative fine or administrative civil penalty collected pursuant to this chapter shall not be subject to Cal.
Health and Safety Code, § 12706, “Disposition of Fines and Forfeitures.” (Ord. MC-1269, passed 4-22-2008)