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A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of California Health and Safety Code Sections 12640-12654, and this chapter.
B. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the fire chief and the police chief.
C. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the fire chief and the police chief. A permit shall be granted only to a State Fire Marshall licensed pyrotechnic operator.
(Ord. 376 § 1 (part), 2006)
A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the fire chief and the police chief not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructors. At the time of permit application, the fire chief shall be consulted regarding the requirements for standby fire apparatus.
B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.
C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire chief and the police chief for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors.
(Ord. 376 § 1 (part), 2006)
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.
(Ord. 376 § 1 (part), 2006)
A. It shall be the duty of the fire chief and his or her authorized representatives and the police chief and his or her authorized representatives to enforce the provisions of this chapter.
B. The fire chief and his or her authorized representatives and the police chief and his or her authorized representatives shall have the authority to seize, take, and remove and fireworks, dangerous fireworks, and safe and sane fireworks. The fire chief and his or her authorized representative and the police chief and his or her authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.
C. The additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement provided for in Section 1.32 of this code are incorporated herein by reference.
(Ord. 376 § 1 (part), 2006)
A. Any person who violates any provision of this part is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment.
B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the county jail for one year.
C. A person is guilty of a separate offense for each and every day or portion thereof during which he or she or it commits, continues, or permits a violation of this part.
D. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks.
(Ord. 376 § 1 (part), 2006)