§ 92.43  ADMINISTRATIVE FINES.
   (A)   Each person who violates any provision of this code 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 follows:
 
Number of Offense in One Year Period
Amount of Administrative Penalty
(30 Day) Late Payment Charge
Total Amount of Penalty plus Late Charge
1st Offense
$1,000
$250
$1,250
2nd Offense
$2,000
$500
$2,500
3rd Offense
$3,000
$1,000
$4,000
 
   (B)   A person who fails to obtain a “block party permit,” license or approval from the city when required by § 95.01(C) of the city code shall be subject to administrative fine or fines under this chapter as follows:
 
Number of Offense in One Year Period
Amount of Administrative Penalty
(30 Day) Late Payment Charge
Total Amount of Penalty plus Late Charge
1st Offense
$500
$175
$625
2nd Offense
$1,000
$250
$1,250
3rd Offense
$1,500
$500
$2,000
 
   (C)   Any person, firm, or corporation who applies for and receives an administratively issued “block party permit,” or similar license or approval required by the city to close a street or otherwise reserve or use a piece of city property, shall comply with all conditions imposed upon the issuance of such permit, license, or approval, including but not limited to taking all reasonable efforts necessary to ensure that “dangerous fireworks” are not used at said event. Any person, firm, or corporation said to be in violation of the permit by virtue of the fact that there were dangerous fireworks used at said event, shall be subject to the imposition and payment of an administrative fine or fines as follows:
 
Number of Offense in One Year Period
Amount of Administrative Penalty
(30 Day) Late Payment Charge
Total Amount of Penalty plus Late Charge
1st Offense
$1,500
$375
$1,875
2nd Offense
$3,000
$750
$3,750
3rd Offense
$5,000
$2,000
$7,000
 
   (D)   Any person that fails to obtain a permit from the city to sell “safe or sane fireworks” as required under this chapter, or any person who uses or discharges any safe and sane fireworks on or at dates and times or at locations other than what is allowed, are in violation of this chapter and shall be subject to the following fine or fines:
 
Number of Offense in One Year Period
Amount of Administrative Penalty
(30 Day) Late Payment Charge
Total Amount of Penalty plus Late Charge
1st Offense
$250
$75
$325
2nd Offense
$500
$150
$650
3rd Offense
$750
$300
$1,050
 
   (E)   The administrative fine(s) for violations of any of the above provisions shall be due and payable to the City of Riverbank within 30 calendar days from the date of issuance of the administrative citation. Failure to pay the penalties in full within that time, shall have a late charge imposed in the amount as set forth above, and shall begin accruing interest at the prevailing established rate until fully paid. Late charges may be suspended if the city has agreed to a payment plan, however, will be reinstated upon failure to make a payment.
      (1)   Payment Plan. The citee may request to pay a fine through a payment plan. The Director of Finance or designee will have the discretion to determine if it is feasible to do so, and may request documentary evidence to make a determination if paying the fine in full would cause undue financial hardship. A payment plan will include a payment processing fee to cover costs for this special service. The processing fee will be set by resolution, and is subject to change from time to time by the City Council.
   (F)   Recovery of administrative penalties. The city may collect the assessed administrative fine(s) and related administrative costs incurred such as attorney fees, costs to collect fine(s), late fees, and interest, in any manner allowed by law, including but not limited to recordation of a lien on any real property owned by the responsible person.
   (G)   Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of the code, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of the code.
   (H)   On the second and each subsequent time that a person is issued a citation for the same violation in any 12-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine, and any incurred associated late charges and interest, until it is paid, in addition to being responsible for payment of previous fines.
   (I)   Nothing in this section shall be intended to limit any of the penalties provided for under the Cal. Health & Safety Code or Cal. Penal Code.
   (J)   Fines collected pursuant to this administrative fine process for dangerous fireworks violations:
      (1)   Shall not be subject to Cal. Health & Safety Code § 12706, which provides that certain fines collected by a court of the state be deposited with, and disbursed by, the County Treasurer;
      (2)   Shall include 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; and
      (3)   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 the dangerous fireworks.
(Ord. 2018-007, passed 12-11-18; Am. Ord. 2020-005, passed 4-14-20)