(A) Criminal misdemeanor penalty. Any person who causes, permits, aids, abets, suffers or conceals a violation any provision of this chapter is guilty of a misdemeanor in accordance with §§ 10.98 and 10.99 of this code, except that upon conviction shall be punished by a fine of not more than $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both such fine and imprisonment.
(B) Nuisance; civil remedies available. In addition to other penalties provided by law, any violation of any provision of this chapter or any state law enforceable by the city shall constitute a public nuisance and may be abated by the city through civil process by means of a restraining order, preliminary injunction, or any other manner provided by this code or state law for abatement of nuisances. Each day such condition continues shall constitute a new and separate offense in accordance with § 10.11 of this code.
(C) Administrative citation.
(1) General. In addition to any other penalties provided by law, whenever the enforcement official, as that term is defined in § 12.08, determines that a violation of this chapter has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 101.02, pursuant to the procedures set forth in Chapter 12 (Enforcement of Code) of Title 1 (General Provisions). Use of the administrative citation procedure in Chapter 12 with respect to violations of this chapter shall be at the sole discretion of the city.
(2) Dangerous fireworks. Administrative fines and penalties collected pursuant this section related to dangerous fireworks shall not be subject to Cal. Health and Safety Code § 12706, and shall be allocated in compliance with Cal. Health and Safety Code § 12557, which requires the city to reimburse the State Fire Marshal for the costs associated with the disposal of seized dangerous fireworks.
(3) Civil penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council. Different administrative civil penalties may be established for violations of this chapter involving safe and sane fireworks, exempt fireworks or dangerous fireworks.
(D) Separate offenses. 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.
(E) No limitation under state law. Nothing in this chapter limits any of the penalties provided in the Cal. Health and Safety Code or Cal. Penal Code with regard to the unlawful transportation, use, discharge, possession, storage or sale of fireworks.
(F) Remedies cumulative. The remedies and penalties prescribed by this section or which are available under any other provision of this chapter are cumulative and non-exclusive. The use of one or more remedies by the city shall not bar the use of any other remedy set forth in this chapter or code for the purpose of enforcing the provisions of this chapter.
(Ord. 1787, passed 11-2-22)