The provisions of this chapter are intended to regulate the
sale and use of all fireworks to prevent fires and personal injury
thereby.
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means any device containing chemical elements and chemical
compounds capable of burning independently of the oxygen of the atmosphere
and producing audible, visual, mechanical, or thermal pyrotechnic
effects for entertainment. The term "fireworks" includes, but is not
limited to, devices designated by the manufacturer as fireworks, torpedoes,
skyrockets, roman candles, rockets, sparklers, chasers, fountains,
smoke sparks, aerial bombs, and fireworks kits. For the purposes of
this article, "fireworks" includes both "dangerous fireworks" and
"safe and sane fireworks" as defined by the California Health and
Safety Code 12500 et seq.
means a person who leases, rents, occupies, has charge of,
or possesses a public or private property at which fireworks are stored,
used, sold, possessed, or handled.
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 or without compensation.
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A.
Except
as provided in this chapter, no person shall store, use, sell, possess,
or handle fireworks within the City of Claremont.
B.
Any
property owner or person in control of property who allows a person
to sell, use, discharge or possess fireworks on the property owned
by such person, or under such person's control, shall be in violation
of this section, regardless of such person's intent, knowledge or
negligence, said violation hereby being expressly declared a strict
liability offense.
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This provision shall not apply to pyrotechnic operators licensed
by the State of California engaged in the preparations for, or performance
of, a public fireworks display, providing that the operator possesses
any applicable city permits regulating the use, discharge or possession
of fireworks, nor shall it apply to the use of exempt fireworks, as
defined by Section 12508 of the Health and Safety Code of the State
of California, when authorized by a permit(s) granted by the City.
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A.
Any person found in violation of any provision of Section 9.28.030, age 18 or older may be issued a citation in accordance with the provisions of this section.
B.
Every
parent, guardian or other person, having the legal care, custody or
control of any person under the age of 18 years, who knows or reasonably
should know that a minor is in violation of this chapter, may be issued
a citation in accordance with the provisions of this section.
C.
Whenever
a peace officer or code enforcement officer charged with the enforcement
of any provision of this Code determines that a violation of this
chapter has occurred, the officer shall have the authority to issue
an administrative citation to any person responsible for the violation
and/or the person in control of the property where the firework was
observed to have been discharged.
D.
Because
of the serious threat of fire or injury posed by the use of 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 liability upon the owners of residential property for
all violations of this Code existing on their property. Each contiguous
use, display and/or possession shall constitute a separate violation
and shall be subject to a separate administrative fine.
E.
Any person in violation of the any provision of Section 9.28.030, shall be subject to a fine of $1000.
F.
Violations of this article may also be cited as criminal misdemeanor violations in accordance with Title 1 of this Code, if the discharge of fireworks:
1.
Is
a substantial factor in causing harm to persons or property; and/or
2.
Causes
serious bodily injury to persons, defined as the serious impairment
of physical condition, and may include, but is not limited to, loss
of consciousness, concussion, bone fracture, protracted loss or impairment
of function of any bodily member or organ, a wound requiring extensive
suturing, and/or serious disfigurement; and/or
3.
Causes
damage to real or physical property in excess of $1,000.
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