(a) This section authorizes and governs the imposition, enforcement, collection and administrative review of administrative fines and penalties for violations of Section 16.12.050 of this Chapter, pertaining to dangerous fireworks, as defined in this Chapter. Said administrative fines and penalties are imposed under the authority of California Government Code Section 53069.4, California Health and Safety Code Section 12557 and Chapter 1.08 of this Code.
(b) The authority of the City to cause the issuance of an administrative citation to any person pursuant to this Section, is in addition to the City’s authority to utilize any and all other civil or criminal remedies in connection with any violation of this Chapter.
(c) The imposition of administrative fines and penalties under this Section is limited to persons who possess, use, sell and/or display, and/or the seizure of, twenty-five (25) pounds or less of dangerous fireworks.
(d) Administrative fines and penalties collected pursuant to this Section shall not be subject to the provisions of California Health and Safety Code Section 12706, and shall be allocated in compliance with California Health and Safety Code Section 12557, which requires the City to reimburse the State Fire Marshal for costs associated with the disposal of seized fireworks. Unless and until regulations governing such reimbursement have been adopted by the State Fire Marshal and are effective in the State of California, the City shall hold in trust for up to one year following receipt of the fine amount, Two Hundred Fifty Dollars ($250.00) from each One Thousand Dollars ($1,000.00) in administrative fines and penalties collected pursuant to this Section, for purposes of reimbursing the State Fire Marshal for costs associated with the disposal of seized dangerous fireworks.
(Ord. 637 § 1, 2010)