A. This article authorizes the imposition of administrative fines or penalties on any person who violates any provision of this chapter. Its purpose is to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. 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.
B. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City of Visalia; 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 article, 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.
C. The adoption of this article does not in any way affect or repeal the California Fire Code, as adopted by the City of Visalia.
D. The imposition of fines related to “dangerous fireworks” under this article shall be limited to persons, including responsible persons, who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
E. Fines collected pursuant to this article 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.
F. The city shall provide cost reimbursement to the State Fire Marshal if required 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. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of “dangerous fireworks.”
G. 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 article 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.
(Ord. 2017-05 § 2 (part), 2017)