This chapter and Chapter 8.12 of the Hanford Municipal Code (Municipal Code), shall collectively be known and cited as the "Fireworks Ordinance."
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022)
A.
The city council declares that the possession, manufacture, storage, sale, handling, use, or discharge of illegal fireworks, defined as "dangerous fireworks" in Section 8.11.080 of this Municipal Code, (collectively "illegal fireworks activities") are each a threat to the peace, health, safety, quiet enjoyment of residential property, and general welfare of the public and constitute a public nuisance as they affect the neighborhoods in which they occur, as well as the entire community of the city of Hanford. The nuisance created thereby presents an immediate threat to public health and safety, warranting summary abatement by the fire chief, police chief, or other city-designated official under Government Code Section 38773.
B.
While illegal fireworks activities can be tied to a particular residence or property, it is often difficult to tell who at the residence or property engaged in such activities. The owner or tenant of the premises is often in the best position to control, and knows or should know of, illegal fireworks activities on his/her residential or commercial premises, but some owners and tenants fail to prevent such activities. Furthermore, problems associated with the illegal fireworks activities are difficult to prevent and deter unless the fire chief, police chief, or other designated official of the city has the legal authority to hold responsible the owner or tenant of the premises where illegal fireworks activities occur.
C.
The city council, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its residents, and it is the intent of the city council that this chapter promote such interests by creating enforcement mechanisms that impose strict liability on property owners and tenants that deter persons from actively and passively aiding, allowing, or tolerating or failing to prevent illegal fireworks activities on their property. Such intent and purposes are implemented by the imposition of a criminal and civil penalties against parties who intentionally violate this chapter and social hosts (landowners or tenants) who actively or passively aid, allow, tolerate, or fail to prevent illegal fireworks activities on their property.
D.
This chapter supplements Chapter 56 of the International Fire Code, as may be amended, and governs the imposition, enforcement, collection and review of administrative fines related to illegal fireworks activities, including the possession, use, storage, sale and/or display of those fireworks classified as "dangerous fireworks" in California Health and Safety Code Section 12505, et seq., as may be amended, and the possession, use, storage, sale and/or display of safe and sane fireworks on or at dates, times, and/or locations other than those permitted under this code. The 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, all as may be amended.
E.
This chapter shall not apply to the public display of fireworks in accordance with Section 5608 of the International Fire Code, as may be amended.
F.
This chapter shall not apply to the storage and handling of safe and sane fireworks in accordance with the California Building Code for Class 1.4G fireworks, as may be amended.
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022)
means any fireworks specified as such in the State fireworks law, Section 12500, et seq., of the Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.
means any special item containing pyrotechnic compositions which the California State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, and agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction.
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 effects which are useful as pyrotechnic devices or for entertainment. These items include, but are not limited to:
means a home, yard, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall, meeting room, office, land, or building, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, business, or location for parties or other social functions, and whether owned, leased, rented, or used with or without compensation.
means a person or persons with a right of possession of the residence or other private property at which illegal fireworks activities occur, including but not limited to:
Any individual(s) or business entity(ies) who holds record title to the residence or other private property as of the time of any illegal fireworks activities at the property, wherever that person or entity resides at that time;
A tenant or lessee of the residence or other private property at the time when any illegal fireworks activities occur at the property;
The person(s) in charge of the residence or other private property at the time when any illegal fireworks activities occur at the property; or
A social host.
A responsible person need not be present at the time any illegal fireworks activities occur in order for the city to impose penalties upon such responsible person. Prior knowledge of illegal fireworks activities is not prerequisite to a finding that any specific individual is a responsible person as defined by this section. |
means any fireworks which do not come within the "dangerous fireworks" definition of Health and Safety Code Section 12505, as may be amended, or exempt fireworks. All safe and sane fireworks shall be labeled with the safe and sane fireworks seal as authorized by the California State Fire Marshal.
means a person who organizes, supervises, officiates, conducts, or controls the gathering or any other person responsible for such a gathering where any illegal fireworks activities occur.
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022)
Except as otherwise provided in the Fireworks Ordinance, no person shall possess, sell, use, display, explode or discharge any illegal fireworks within the city. Violation of this chapter shall constitute a public nuisance.
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022)
A.
The fire chief, the police chief, or the designee of either shall seize, take, remove or cause to be removed, at the expense of the owner, possessor, or responsible person all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter.
B.
To the fullest extent permitted by law, individuals and entities responsible for violations under this chapter shall be responsible for all costs associated with the safe disposal of all confiscated fireworks, as well as all expenses, costs, fees, and fines associated with the investigation of the charges and enforcement of this chapter, as well as all expenses and costs associated with any emergency response by fire, police, building, and code enforcement departments as a result of a violation. The city will be entitled to all cost recovery allowed under state law and this code, including, without limitation, cost recovery for nuisance abatement set forth in Chapter 17.94, as may be amended.
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022)
A.
Every responsible person is required to maintain, manage, and supervise their property and all persons thereon in a manner to prevent violations of this chapter and, except as otherwise provided herein, shall be strictly liable for any violations that may occur at their property. The responsible person shall remain liable for such violations regardless of any contract or agreement with any third party regarding the property.
B.
Exceptions.
1.
The city, in its discretion, may opt to not hold a private property owner liable under this chapter for a violation if the owner can demonstrate that, at the time of such violation, they:
2.
No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract shall be liable under this chapter for violations caused by others in the common areas of the property, solely on the basis of that person's right to use, possess or occupy that unit.
C.
Notwithstanding the foregoing exceptions, nothing in this section shall limit the liability of any social host for a violation of this chapter.
D.
In the event that a juvenile engages in illegal fireworks activities or serves as a social host, the juvenile's parents or guardians will be jointly and severally liable for any penalties levied pursuant to this chapter.
(Ord. 22-01 § 3, 2022)
A.
Criminal Remedies. Any person who violates any provision of this chapter is guilty of an infraction or a misdemeanor at the discretion of the agency responsible for prosecution of violations. Upon conviction, the person is subject to punishment by as prescribed in this chapter and any other applicable available remedies in this code.
B.
Civil Remedies.
1.
When the fire chief or the police chief finds that a person has violated or continues to violate any provision of this chapter, they may petition the Superior Court of Kings County, California, through the city's attorney, for the issuance of a temporary restraining order, temporary injunction, and/or permanent injunction, as appropriate, which restrains or compels the specific performance of any requirement imposed by this chapter. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action.
2.
Nothing contained in this code shall preclude or limit the city from pursuing a civil action for damages against a person or entity that causes the city to incur injury, loss, costs, or expenses as a result of the person's or entity's violation of this chapter.
3.
In addition to all other remedies, as part of any civil action brought by the city, a court may assess a civil penalty in an amount not to exceed the maximum allowed by state law per day for each violation with respect to any person or entity that violates this chapter, which penalty shall be payable to the city.
C.
Administrative Remedies. In addition to any other remedy available at law, an administrative citation may be issued to: (i) any person or entity who: (a) possesses, uses, stores, sells and/or displays dangerous fireworks; (b) possesses, uses, sells and/or displays safe and sane fireworks on or at dates, times, or locations other than those permitted; or (c) otherwise engages in illegal fireworks activities or violates this chapter; and (ii) any responsible person.
With respect to dangerous fireworks, the imposition of administrative fines under this chapter will, however, be limited to the possession, use, sale, and/or display of 25 pounds or less of dangerous fireworks.
The possession, use, storage, sale, or display of a single dangerous fireworks device constitutes a distinct violation of this chapter, and each violation shall be subject to a separate administrative fine. For example (and for purposes of illustration only), if, at the time of citation issuance, a person is found to be in possession of five dangerous fireworks devices, the violator shall be cited for five distinct violations of this chapter, and each of the five violations will be subject to a separate administrative fine.
Similarly, the prohibited possession, use, sale, or display of a single safe and sane fireworks device constitutes a distinct violation of this chapter, and each such violation shall be subject to a separate administrative fine.
1.
Issuance of Citation.
a.
Whenever the city's fire chief, police chief, or a designee of either determines that a violation of this chapter has occurred, the fire chief, the police chief, or a designee of either shall have the authority to issue an administrative citation to the violator and other responsible person.
b.
Each administrative citation shall contain the following information:
i.
The date of the violation or, if the date of the violation is unknown, then the date the violation is identified;
ii.
The address or a definite description of the location where the violation occurred;
iii.
The section of this chapter violated and a description of the violation;
iv.
The amount of the fine for the violation;
v.
A description of the fine payment process, including a description of the time within which and the place to which the fine shall be paid;
vi.
An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;
vii.
A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which a request for hearing form to contest the administrative citation may be obtained; and
viii.
The name and signature of the individual issuing the citation.
2.
Amount of Fines.
a.
The amounts of the administrative citation fines for code violations imposed pursuant to this chapter shall be set forth in a schedule of fines established by resolution of the city council.
b.
The schedule of fines shall specify any increased fines for repeat violations of the same code provision by the same person or entity.
c.
Administrative fines collected pursuant to this chapter shall not be subject to Health and Safety Code Section 12706, as may be amended. The administrative fines collected shall be allocated in compliance with Health and Safety Code Section 12557, as may be amended, which requires the city to provide cost reimbursement to the California State Fire Marshal for reimbursement of costs, including, but not limited to, transportation and disposal of dangerous fireworks. Regulations adopted by the California State Fire Marshal setting forth this allocation shall control. Unless and until such regulations have been adopted by the State of California, the city shall hold in trust a two hundred fifty dollar ($250.00) fee or 25% of the fine collected, whichever is greater, in addition to any fine levied, to cover the reimbursement to the California State Fire Marshal for the cost of transportation and disposal of the dangerous fireworks. This fee is non-refundable.
3.
Payment of Fines.
a.
Fines shall be paid to the city within 30 days from the date of the administrative citation.
b.
Any administrative citation fine paid shall be refunded if it is determined, after an appeal hearing, that a person or entity charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the citation.
c.
Payment of a fine under this chapter shall not excuse, discharge, or permit any continuation or repeated occurrence of the code violation that is the subject of the administrative citation.
4.
Hearing Request.
a.
Any recipient of an administrative citation may appeal the citation by submitting a written request for hearing to the city clerk or designee within 30 days from the date of the administrative citation, together with an advance deposit of the fine.
b.
Notwithstanding the provisions of subsection a. above, the deposit of the administrative fine shall be waived if the city manager determines that the appealing party is financially unable to pay such amount. A waiver request must be submitted to the city clerk with the person's request for appeal, along with a sworn declaration and other supporting documents and materials showing the person's actual financial inability to deposit the fine amount. The appealing party bears the burden of demonstrating financial hardship to the satisfaction of the city manager. If the city manager determines that a waiver is warranted, the deposit will be waived or partially waived. If the city manager finds that a waiver is not warranted, the appealing party must, within three business days of the party's receipt of the city manager's written decision, deposit the administrative fine for the person's appeal to be processed.
c.
The person or entity requesting the hearing shall be notified by the city of the time and place set for the hearing at least 10 days prior to the date of the hearing.
d.
If the fire chief, the police chief, or a designee of either submits an additional written report concerning the administrative citation to the hearing officer, then a copy of such report shall be served on the person requesting the hearing at least five days prior to the date of the hearing.
5.
Hearing Officer. The city manager shall designate or appoint a hearing officer who shall be selected in a manner that avoids the potential for pecuniary or other bias, and in no event shall the enforcement officer, nor any other officer or employee in his or her department, be the hearing officer for appeals regarding administrative citations issued under this chapter.
6.
Hearing Procedure.
a.
Except as otherwise provided herein, no hearing to contest an administrative citation shall be held unless the fine has been deposited with the city in advance.
b.
A hearing shall be set for a date that is not less than 15 days and not more than 60 days from the date that the request for hearing is filed in accordance with the provisions of this chapter.
c.
At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.
d.
The failure of any recipient of an administrative citation to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust his/her/their administrative remedies.
e.
The administrative citation and any additional report submitted by the fire chief, the police chief, or a designee of either shall constitute prima facie evidence of the respective facts contained in those documents.
f.
The hearing officer may continue the hearing and request additional information from the fire chief, the police chief, or a designee of either, or the recipient of the administrative citation prior to issuing a written decision.
7.
Hearing Officer's Decision.
a.
After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold, modify, or cancel the administrative citation and shall list in the decision the reasons for the decision. The decision of the hearing officer shall be final.
b.
If the hearing officer determines that the administrative citation should be upheld, then the fine amount on deposit with the city shall be retained by the city.
c.
If the hearing officer determines that the administrative citation should be rescinded, then the city shall promptly refund the amount of the deposited fine.
d.
If the hearing officer determines that the fine levied under the administrative citation should be adjusted, then the city will promptly refund the amount of the deposited fine that exceeds the amount fixed by the hearing officer or the recipient of the administrative citation will promptly pay to the city an additional amount fixed by the hearing officer if the officer finds that the fine assessed under the administrative citation to be insufficient.
e.
The recipient of the administrative citation shall be served with a copy of the hearing officer's written decision.
8.
Late Payment Charges. Any person or entity who fails to pay to the city any fine imposed or amount owed pursuant to the provisions of this chapter on or before the date that the fine or amount is due shall also be liable for a late payment charge equal to 10% of the unpaid amount, and interest shall accrue thereafter at a rate of one and one-half percent (1.5%) per month on the unpaid fine; provided however, the additional penalty and/or interest shall not apply if collection of the same by the city would violate state law.
9.
Recovery of Administrative Citation Fines and Costs. The city may collect any past due administrative citation fines, enforcement and collection costs, and late payment charges by use of all available legal means. Collection costs shall be in addition to any interest and/or late charges imposed upon the delinquent obligation and shall be added to and become a part of the underlying obligation. Any partial payment of an obligation, when a partial payment is permitted, will be applied first to the principal amount of the underlying obligation, then to any penalties, and then to interest.
10.
Right to Judicial Review. Any person or entity aggrieved by a decision of the hearing officer on an administrative citation may obtain review of the decision by filing a petition for review with the Superior Court for Kings County, California in accordance with the timelines and provisions set forth in California Government Code Section 53069.4, as may be amended.
11.
Notices. The administrative citation and all notices required to be given by this chapter shall be served on the responsible party by personal delivery thereof to the person or entity to be notified or by deposit in the United States mail, certified mail with return receipt requested, addressed to such person to be notified at his/her/their last-known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the mail.
D.
Remedies Cumulative. The remedies provided in this chapter are not to be construed as exclusive remedies, and, in the event of violation, the city may pursue any proceedings or remedies otherwise provided by law, including, without limitation, injunctive relief.
E.
Liens and Assessment Against Property for Unpaid Fines and Costs.
1.
If the city engages in nuisance abatement pursuant to this chapter, including, without limitation, the seizure of dangerous fireworks, city officials engaging in abatement efforts shall keep an account of the cost of abatement on each separate lot or parcel of land where abatement occurs.
2.
Any and all cost recovery remedies associated with nuisance abatement available under the code or state law, including, without limitation, the recording of liens and the addition of amounts to the property tax roll, may be utilized by the city for the recovery of amounts owed to the city pursuant to this chapter.
a.
If administrative costs, penalties, or other amounts owed to the city pursuant to this chapter are not paid within 30 days of the date of a citation or the date of a city invoice for abatement work, as applicable, or the final disposition of an appeal therefrom, such amounts may be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as ad valorem taxes. In such case, the city council shall confirm an account report of amounts owed under this chapter, and, on or before August 10 of each year, a certified copy of the confirmed report shall be filed with the Kings County Tax Collector for the amounts of the respective assessments against the respective parcels of land as they appear on the current assessment roll. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy, collection, and enforcement of property taxes are made applicable to such special assessments, and the lien of said assessment shall have priority as the taxes with which it is collected.
(Ord. 18-05 § 1, 2018; Ord. 22-01 § 3, 2022; Ord. 25-11, 12/16/2025)