shall have the meaning ascribed to it in Section 12505 of
the California Health and Safety Code, such other fireworks as may
be determined to be dangerous by the state fire marshal, and altered
safe and sane fireworks.
means any person, who allows, causes, creates, maintains,
or permits a violation of this chapter or of state or federal law,
to exist or continue, by any act or the omission of any act or duty.
A responsible person may also be referred to as a "citee" in conjunction
with an administrative citation.
shall have the meaning ascribed to in Section 12529 of the
California Health and Safety Code.
(Ord. 1773 § 2, 2009; Ord. 1897 § 3, 2021)
A.
Except as otherwise provided for by this chapter, no person shall
sell, use, discharge, offer for sale, or display for sale any dangerous
fireworks or any altered safe and sane fireworks within the limits
of the city of San Bruno.
B.
Except as authorized by the fire chief in accordance with the currently
adopted California Fire Code, no property owner or tenant shall allow
or permit the sale, offer to sell, use, or possession of dangerous
fireworks on their property when the property owner or tenant knows
or should know of the sale, offer to sell, use, or possession of dangerous
fireworks at the property.
C.
Except as otherwise provided in this article, no person shall possess
twenty-five pounds or less (gross weight including packaging) of any
dangerous fireworks.
D.
It is unlawful for any person having the care, custody, or control
of a minor (under eighteen years old) to permit such minor to sell,
use, or discharge dangerous fireworks.
E.
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this section shall also constitute a violation.
(Ord. 1773 § 2, 2009; Ord. 1897 § 3, 2021; Ord. 1940, 10/24/2023)
A.
No person
shall conduct, cause, allow, permit, aid, abet or suffer a public
display of fireworks without having first obtained a written permit
therefore from the city manager.
B.
Each
permit application shall be accompanied by an application fee in an
amount established by resolution of the city council.
C.
A public
display of fireworks permit shall issue only for an application that
is filed with the city manager not less than ninety days in advance
of the date of the proposed display and shall issue only for a display
that is to be held and conducted by a public entity, fair, association,
or similar organization, at a single location for a single display
that is accessible to the community as a whole. In determining whether
a proposed event is accessible to the community, the city manager
shall consider, but is not limited to considering, the following:
(1) location of the event; (2) adequacy of space to accommodate the
display and a substantial portion of the community as attendee; (3)
transportation routes; (4) the availability of public transportation
to the display site; (5) availability and adequacy of parking; (6)
and time of the display. An event not accessible to a substantial
portion of the community, such as a block party or a private event,
is prohibited.
D.
The
city manager shall have the authority to adopt reasonable rules and
regulations for the granting of permits, including, but not limited
to, applicant's provisioning of security to assure protection of the
public and property, and requiring insurance in a form and amount
approved by the city attorney, for discharging fireworks and supervised
public display pursuant to Section 12640 (necessity of permit) of
the California Health and Safety Code, and those activities contained
therein that are necessary to the furtherance of such display.
E.
Each
public use or display shall be handled by a licensed pyrotechnic operator,
as defined by Section 12527 of the California Health and Safety Code,
in accordance with local and state law, and the display shall be of
such character and so located, discharged, or fired that in the opinion
of the fire chief who in consultation with the police chief, after
proper investigation, finds the display will avoid ignition of fire
and shall not be hazardous or endanger any person or property.
F.
The
city manager shall deny an application for a permit if the fire chief
in consultation with the police chief finds that such safety conditions
cannot reasonably be met, that the display is not accessible to the
community, or the applicant has failed to meet the reasonable rules
and regulations pertaining to granting of display permits.
(Ord. 1773 § 2, 2009; Ord. 1897 § 3, 2021)
A.
With the exception of Section 6.51.020(B), each violation of this section shall be a misdemeanor and shall be punishable by a fine not exceeding one thousand dollars and/or six months in jail.
B.
Section 6.51.020(B) shall be punishable by a civil fine in an amount set forth by the city council by resolution. Any civil fine assessed and collected for a violation of this section, shall include the actual costs associated with the collection, transportation, and disposal of any seized fireworks, in accordance with the regulations duly adopted by the state fire marshal. Moreover, civil fines assessed and collected for a violation of this section shall not be subject to California Health and Safety Code Section 12706.
C.
Each
violation of this chapter shall also be punishable by a civil fine
in an amount set forth by the city council by resolution.
E.
Failure to comply with this chapter shall constitute grounds for revocation of a permit to sell safe and sane fireworks, as provided for in Chapter 6.50.
F.
The
remedies provided by this article are cumulative and in addition to
any other remedy available at law or in equity.
G.
Any
violation of this article is hereby declared to be a public nuisance.
(Ord. 1773 § 2, 2009; Ord. 1897 § 3, 2021)
