A. Discharge of Safe and Sane Fireworks.
1. It shall be lawful to discharge safe and sane fireworks within the City at the locations, during the time period(s), and in accordance with the limitations and regulations specified in this section.
2. No person under the age of 16 years shall discharge any safe and sane fireworks at any time, unless such person does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this chapter.
3. It shall be unlawful for any person having the care, custody or control of a person under the age of 16 years to permit such person to discharge any safe and sane fireworks unless such minor does so under the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this chapter.
B. Limitation on Places, Days and Hours of Discharge.
1. It shall be unlawful to discharge any safe and sane fireworks except on the 4th of July between the hours of 10:00 a.m. and 10:00 p.m. and/or during such other days and hours as may be established by resolution of the City Council.
2. It shall be unlawful for any person to discharge any safe and sane fireworks, or permit the discharge of safe and sane fireworks, upon or over or onto the property of another without his/her consent, or to discharge any safe and sane fireworks within ten (10) feet of any residence, dwelling, or other structure.
3. It shall be unlawful for any person to discharge any safe and sane fireworks, or permit the discharge thereof within the following areas of the City:
(a) Any public property, including, but not limited to, public streets, highways, alleys, sidewalks, parks or other publicly-owned property, buildings or facilities, except in designated areas determined by order of the City Manager or his/her designee;
(b) Any property within a Commercial Zone of the City (defined in Chapter 18.08 of this code), except for any nonconforming residential use within a Commercial Zone that is used for residential purposes as of the effective date of the ordinance codified in this section;
(c) Any property within an Industrial Zone of the City (defined in Chapter 18.10 of this code), except for any nonconforming residential use within an Industrial Zone used for residential purposes as of the effective date of the ordinance codified in this section;
(d) Any property in the Wildland-Urban Interface Fire Area;
(e) Any premises where gasoline or other flammable liquids are stored or dispensed; and
(f) In "high fire hazard areas," as designated by the Fire Chief.
4. Nothing in this section shall preclude the use or discharge of safe and sane fireworks, consistent with this chapter, on appropriate privately owned areas within a Single-Family or Multiple-Family Residential Zone (defined in Chapters 18.04 and 18.06 of this code).
5. Nothing in this section shall preclude the use, discharge or presentation of any public fireworks display authorized under and pursuant to Section 6.40.040 of this code.
6. It shall be unlawful to discharge any safe and sane fireworks on the dates and during the times permitted in this section when a Red Flag Warning has been issued by the National Weather Service. In the event of a Red Flag Warning on July 4, the Fire Chief may, with the concurrence of the City Manager and to the extent allowed by State law, permit the discharge of safe and sane fireworks on another date and during such time(s) as he or she may determine appropriate and, to that end, shall disseminate notice to members of the general public in whatever manner he determines appropriate. (Ord. 6323 § 3; May 5, 2015: Ord. 6407 § 1 (part); April 25, 2017.)