(A) General:
1. This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter pursuant to the City's administrative citation process under chapter 3 of title I.
2. This section governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks in California Health and Safety Code section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks as defined in California Health and Safety Code section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter, or in any manner contrary to this chapter. Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.
3. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized hereunder, and the issuance of a citation to any person constitutes but one remedy of the City to redress violations of this code by any person. By adopting this chapter, the City does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person which this City may otherwise pursue.
4. The imposition of fines related to dangerous fireworks under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than twenty-five (25) pounds (gross weight) of such dangerous fireworks.
5. Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the City shall provide 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, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust two hundred fifty dollars or twenty-five percent (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.
6. Because of the serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
(B) Issuance Of Administrative Citations: Any person violating any provision of this chapter may be subject to the assessment of civil fines and penalties as provided in this chapter and chapter 3 of title I of this code pursuant to the administrative procedures established in this chapter and chapter 3 of title I, which are authorized by Government Code section 53069.4.
(C) Contents of Administrative Citation: Each administrative citation issued for violations regarding unauthorized possession, use, or sale of safe and sane fireworks shall include all information included in section 1-3-11 of title I. Each administrative citation issued for violations regarding dangerous fireworks shall include all listed in 1-3-11 plus the following:
1. The amount of the administrative fine for each violation, including the required disposal charge, pursuant to subsection (D) of this chapter; and
2. The names, addresses, and telephone numbers of any witnesses to the violation(s).
(D) Administrative Fines And Penalties:
1. Failure to abide by the regulations of this chapter as it relates to the possession, use, storage, sale, and/or display of dangerous fireworks is hereby declared a violation of the code and subject to the City's enforcement. The City may pursue enforcement by all means authorized by law, including but not limited to imposition and payment of an administrative fine or fines as provided below:
Number of Offenses in 1-Year Period | Amount of Administrative Penalty | Disposal Charge | Total Amount of Penalty plus Disposal Charge |
First | $1,000 | $250 | $1,250 |
Second | $2,000 | $500 | $2,500 |
Third | $3,000 | $1,000 | $4,000 |
2. Any responsible party issued administrative fines and penalties under 8-14-7 for violations of this chapter shall comply with the City's administrative citation process pursuant to chapter 3 of title I.
(E) This chapter is just one of the methods of enforcement of violations of the municipal code and other laws the City is authorized to enforce. It shall supplement and be in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state of California, or any other legal entity or agency having jurisdiction. The City may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law, including nuisance abatement under chapters 4, 4.1, 4.2, 4.3 and 5 of title III. (Ord. 852-23, 7-18-2023)