Except as otherwise provided in this Article, no person shall
possess, sell, use, display or explode any rocket, firecracker, roman
candle, squib, torpedo, torpedo cane, fire balloon, wire core sparkler,
wooden core sparkler, black cartridge or other combustible device
or explosive substance or any kind of fireworks, by whatsoever name
known, within the unincorporated area of the County.
(SCC 0861 § 2, 1992)
Public displays of fireworks may be given with a written permit
issued by the fire chief, or the fire chief's designee, of the fire
district within which the display is to be given so long as such display
takes place under the supervision and direction of a State of California
licensed operator.
(SCC 0861 § 2, 1992)
It shall not be unlawful to possess, sell, use, display or discharge
within the unincorporated area of the County those fireworks as are
defined and classified as "safe and sane fireworks" in Part 2 (commencing
with Section 12500) of Division 11 of the California Health and Safety
Code during that time period beginning at 12:00 noon on June 28 and
ending at 10.00 p.m. on July 5 of the same year.
(SCC 0861 § 2, 1992)
It shall be unlawful for any person to sell "safe and sane fireworks"
within the unincorporated area of the County without a valid County
business license authorizing such sales.
(SCC 0861 § 2, 1992)
The wholesale storage of fireworks shall be unlawful in the
unincorporated area of the County without valid permits for such storage
from the fire district in whose jurisdiction the storage site is located
and the County's building inspection division. Any such storage is
limited to the period from June 1st through July 15th of each year.
(SCC 0861 § 2, 1992)
All retail sales of "safe and sane" fireworks shall be permitted
only from within a temporary fireworks stand, and the sale from any
other building or structure is hereby prohibited. Temporary stands
shall be subject to the following provisions:
a. No fireworks
stand shall be located within twenty-five feet of any other building
or within one hundred feet of any gasoline pump or distribution point.
b. Fireworks
stands need not comply with the provisions of the Building Code of
the County; provided, however, that all stands shall be erected under
the supervision of the Chief Building Inspector, who shall require
that stands be constructed in a manner which will reasonably insure
the safety of attendants and patrons; and provided further that any
electrical installations shall comply with all applicable codes.
c. No stand
shall have a floor area in excess of seven hundred and fifty square
feet.
d. Each
stand shall have at least two exits. Each stand in excess of forty
feet in length shall have at least three exits spaced approximately
equidistant apart; provided, however, that in no case shall the distance
between exits exceed twenty feet. Exit doors shall be not less than
twenty-four inches wide and six feet and two inches in height and
shall swing in the direction of exit travel.
e. Each
stand shall be provided with two two and one-half gallon "water-type"
(minimum rating 2A) fire extinguishers in good working order and easily
accessible for use in case of fire.
f. Fireworks
stands shall be located on property zoned SC, LC, GC, AC, TC, M-1
or M-2, or in any other zoning classification if the County's Chief
Building Inspector certifies in writing to the TTC/
CCR that the operation
of a fireworks location in such other zoning classification will not
endanger the health and safety of the community or create a fire hazard
to surrounding properties.
(SCC 0861 § 2, 1992)
The division of authority for enforcement of this Article shall
be as follows:
A. The
chief of any fire protection district or designated representatives
shall have authority to enforce this Article and issue citations for
violations in their respective districts.
B. The
County fire warden shall have authority to enforce this Article in
any area lying without any fire protection district.
C. The
County fire warden shall have authority to enforce this Article in
any fire protection district upon request of the chief of the fire
protection district or the governing body thereof.
D. The Sheriff is authorized to administer and enforce the Social Host Liability provisions contained in Section
4.54.425 of this Chapter.
E. Sacramento
County Regional Park Rangers are authorized to administer and enforce
this Article as it relates to the American River Parkway.
(SCC 0861 § 2, 1992; SCC
1692 § 1, 2022)
a. A violation
of this chapter is unlawful, and is hereby declared a misdemeanor
and a public nuisance.
b. In addition to any other remedy allowed by law, any person who violates a provision of this chapter may be subject to criminal sanctions, civil actions, and a nuisance enforcement action pursuant to Title
16, Chapter
16.18 of this code and as indicated in this section.
c. A violation
of this chapter is subject to an administrative penalty as follows:
1. $1,000
for the first violation;
2. $2,500
for the second violation within one year of the first violation;
3. $5,000
for each additional violation within one year of the first violation;
and
4. $10,000
for each violation which occurs within the American River Parkway.
d. In the
event of any conflict between the penalties set forth in this chapter
and any penalties set forth in State law, the maximum penalties allowable
under State law shall govern.
(SCC 0861 § 2, 1992; SCC
1692 § 3, 2022)
The Chief, or the Chief's designee, of the fire district in
whose jurisdiction a fireworks stand is located may seize, take, remove
or cause to be removed, at the expense of the licensee, all stocks
of fireworks offered or exposed for sale, stored or held in violation
of this Article when such violation creates an imminent threat to
public health or safety.
(SCC 0861 § 2, 1992)
This Article is not the exclusive regulation for fireworks within
the unincorporated area of the County. It shall supplement and be
in addition to the other regulatory codes, statutes, and ordinances
heretofore and hereafter enacted by the County, the State, or any
other legal entity or agency having jurisdiction.
(SCC 0861 § 2, 1992)