(A) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than $500 nor more than $1,000, or by imprisonment in the county jail for not exceeding one year, or by both such fine and imprisonment. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the county jail for one year.
(B) Any violation of this chapter is hereby declared to be a public nuisance.
(C) Any violation of this chapter is punishable by administrative citation pursuant to Chapter 14 of this code entitled Administrative Citations with administrative citation fine amounts to be established by City Council resolution, which may be amended from time to time.
(D) Causing, permitting, aiding, abetting, or concealing a violation of this chapter shall also constitute a violation.
(E) The assigned Fire Chief and the Police Chief are authorized to enforce the provisions of this chapter. The assigned Fire Chief and the Police Chief shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The assigned Fire Chief and the Police Chief 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.
(F) 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.
(G) The remedies provided by this chapter are cumulative and in addition to any other remedy available at law or in equity.
(H) 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 fireworks.
(Ord. 1300, passed 8-19-20)