§ 92.40  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADMINISTRATIVE CITATION. An administrative citation is a "ticket" issued when the Code Enforcement Officer has determined that a violation of the city's code has occurred. It is an official notification, on an appropriate form as established by the city, to include the code violation(s), and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter. Administrative citations are not part of the judicial process unlike infraction or misdemeanor citations.
   BLOCK PARTY. A festive gathering event, only sponsored by persons such as owners, residents, or tenants of a neighborhood, which will temporarily close no more than one city block to vehicular traffic. The event shall not be for commercial or advertising purposes or profit.
   BLOCK PARTY PERMIT. The city's permitting process in which the city will issue residents a permit to temporarily close streets, other than arterial or collector streets, and to establish appropriate and safe conditions for the purpose of conducting a block party.
   CITEE. Any person served with an administrative citation charging him or her as a responsible person for the violation.
   CITATION. An administrative citation issued pursuant to this section to remedy a violation.
   CODE. The City of Riverbank Municipal Code.
   CODE ENFORCEMENT OFFICER (CEO). Any employee or agent or public safety officer of the City of Riverbank designated by the City Council to enforce any provision of this code.
   DANGEROUS FIREWORKS. As defined under Cal. Health & Safety Code §§ 12505 and 12561 are:
      (1)   Any fireworks which contain any of the following:
         (a)   Arsenic sulfide, arsenates, or arsenites;
         (b)   Boron; or
         (c)   Chlorates, except:
            1.   In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included;
            2.   In caps and party poppers;
            3.   In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate;
            4.   Gallates or Gallic acid;
            5.   Magnesium (magnesium-aluminum alloys, called magnalium, are permitted);
            6.   Mercury salts;
            7.   Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers);
            8.   Picrates or picric acid;
            9.   Thiocyanates;
            10.   Titanium, except in particle size greater than 100 mesh; or
            11.   Zirconium.
      (2)   Firecrackers.
      (3)   Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
      (4)   Roman candles, including all devices which discharge balls of fire into the air.
      (5)   Chasers, including all devices which dart or travel about the surface of the ground during discharge.
      (6)   Sparklers more than ten inches in length or one-fourth of one (0.25") inch in diameter.
      (7)   All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
      (8)   Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this section.
      (9)   Torpedoes of all kinds which explode on impact.
      (10)   Fireworks kits.
      (11)   Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
   EXEMPT FIREWORKS. As defined in Cal. Health & Safety Code § 12508  means any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
   ISSUANCE or ISSUED. Any of the following:
      (1)   The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Cal. Code of Civil Procedures Article III (commencing with § 415.10) of Chapter 4 of Title 5 of Part 2;
      (2)   Mailing of administrative fine citation to the citee by certified mail with return receipt, to the address shown on the official records of the County Assessor; or
      (3)   By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:
         (a)   By leaving a copy at the recipient's dwelling or usual place of residence, in the presence of a competent member of the household, and thereafter mailing by First Class Mail a copy to the recipient at the address where the copy was left; or
         (b)   In the event the responsible party cannot be served by First Class Mail or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be affected by posting the property with the administrative fine citation and mailing a copy by First Class Mail to the responsible party in violation at the address of the property where the violation exists.
   PERSON. A natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.
   RESPONSIBLE PERSON. A person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue, or any person with an ownership interest or right of possession of the real property where unpermitted fireworks are possessed, sold, used, manufactured or discharged, including, but not limited to:
      (1)   Any owner-occupant.
      (2)   Any lessee, subtenant, licensee, or other person having possessory control over a property, structure, or parcel of land.
      (3)   Any person that organizes, supervises, officiates, conducts, or controls the gathering or any other person accepting responsibility for such a gathering.
      (4)   Every owner, occupant, lessee, tenant, or holder of any possessory interest of a residence or other private property within the city is required to maintain, manage and supervise property and all persons thereon in a manner so as not to violate the provisions of this subchapter. A responsible party need not be present at the time dangerous fireworks are possessed, manufactured, sold, used, or discharged in order for the city to issue an administrative citation under this division.
      (5)   Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this subchapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this section, in addition to any citation that may be issued to the offending minor.
      (6)   For purposes of this chapter, there may be more than one responsible person for a violation.
   SAFE AND SANE FIREWORKS. As defined in Cal. Health & Safety Code §§ 12529 and 12562 means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks."
   VIOLATION or VIOLATES. Refers to any violation of any provision of this code.
(Ord. 2018-007, passed 12-11-18)