In enacting this chapter, the City Council recognizes that the use or possession of dangerous or illegal fireworks poses a serious risk to the public health, safety and welfare, given the potential for personal bodily injury, property damage, the unknown material composition of these fireworks, and the lack of safeguards. It is the purpose and intent of this chapter to reasonably regulate the possession, sale, use and/or discharge of dangerous fireworks within the City of Live Oak to protect the public health, safety, and general welfare of its residents.
This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This chapter 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. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the Live Oak Municipal Code.
(Ord. 574 § 1, 2020)
As used in this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.
"Citation"
means an administrative citation issued pursuant to this section to remedy a violation.
"Citee"
means any person served with an administrative citation charging him or her as a responsible person for violation.
"Code"
means the City of Live Oak Municipal Code.
"Dangerous fireworks"
are those fireworks specified as such in the State Fireworks Law, Section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
"Enforcing Officer"
means the Sheriff, Fire Chief, Community Development Director, Building Official, Code Enforcement Officer, Building Inspector, or the authorized deputies or designees thereof, all of whom are independently authorized to enforce this chapter. Whenever an Enforcing Officer charged with the enforcement of any provision of this chapter determines that a violation has occurred, the Enforcing Officer shall have the authority to issue an administrative citation to any person responsible for the violation.
"Hearing Officer"
means the person(s) appointed by the City as an Administrative Hearing Officer.
"Property"
means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with our without compensation.
"Responsible party"
includes, but is not limited to:
A. 
The person(s) who owns, rents, leases, or otherwise has possession of the residence or other private property;
B. 
The person(s) in immediate control of the residence or other private property; and
C. 
The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks.
If the residence or other private property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph B or C of this definition. A landlord or lessor can only be held responsible under paragraph C of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief.
(Ord. 574 § 1, 2020)
A. 
It shall be unlawful for any person or responsible party to possess, sell, use or discharge dangerous fireworks unless a permit authorizing such possession, sale, use or discharge has been issued by the Enforcing Officer to the person or responsible party using, selling, discharging or found in possession of said dangerous fireworks, and unless such person is in possession of a valid pyrotechnic operator's license issued by the Office of the State Fire Marshal. The Fire Chief may establish reasonable rules and regulations for governing issuance of a firework permit and may issue the same subject to payment of a fee as established by the City Council, by resolution, from time to time.
B. 
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, 25 pounds or less (gross weight) of such dangerous fireworks.
C. 
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.
(Ord. 574 § 1, 2020)
A. 
Misdemeanor. Any person or responsible party who violates any of the provisions of this chapter shall be guilty of a misdemeanor.
B. 
Administrative Citation. An administrative citation may be issued by an Enforcement Officer to any person or responsible party who violates any of the provisions of this chapter pursuant to the procedures as set forth in Chapter 1.17 of the Live Oak Municipal Code.
1. 
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 in an amount not to exceed $1,000.00 for the first violation; and a fine in an amount not to exceed $1,000.00 for any subsequent violation.
2. 
Administrative fines collected pursuant to this section shall not be subject to Health and Safety Code Section 12706.
3. 
Fines collected pursuant to this chapter related to dangerous fireworks shall be subject to Health and Safety Code Section 12726 which provides that 65% of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code Section 12728.
(Ord. 574 § 1, 2020)
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 the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in the Live Oak Municipal Code or any other law, statute, ordinance or regulation.
(Ord. 574 § 1, 2020)