A. Purpose and Scope
This section authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines, related to: (1) the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and (2) the sale of safe and sane fireworks; and (3) the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Section 53069.4 of the California Government Code, Section 12557 of the California Health and Safety Code, and the police power of the City.
The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized under Section 6.40.080 or chapter 1.20 of this code; and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this chapter by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this chapter by any person, which this City may otherwise pursue.
The imposition of fines related to "dangerous fireworks" under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
Fines collected pursuant to this chapter related to "dangerous fireworks" shall not be subject to Section 12706 of the California Health and Safety Code, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be 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 by the state of California, the City shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of "dangerous fireworks."
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 chapter 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 real property for all violations of this chapter existing on their real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
B. Penalties for Violations.
1. Each person who violates any provision of this chapter as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offenses in One-Year Period | Amount of Administrative Penalty | Late Charge | Total Amount of Penalty plus Late Charge |
First | $1,000.00 | $250.00 | $1,250.00 |
Second | $2,000.00 | $500.00 | $2,500.00 |
Third | $3,000.00 | $1,000.00 | $4,000.00 |
2. Each person who sells or uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offenses in One-Year Period | Amount of Administrative Penalty | Late Charge | Total Amount of Penalty plus Late Charge |
First | $250.00 | $125.00 | $375.00 |
Second | $500.00 | $250.00 | $750.00 |
Third | $1,000.00 | $500.00 | $1,500.00 |
3. Payment of an administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter. (Ord. 4779 (part); November 18, 1986: Ord. 6323 § 7; May 5, 2015: Ord. 6367 § 2; April 12, 2016: Ord. 6407 § 1 (part); April 25, 2017.)