The following words and phrases, as used in this chapter, are
defined as follows:
for purposes of this chapter, shall be presumed to be the
following:
Organizations incorporated under the same charter or organization
and their auxiliaries if the auxiliary is incorporated under the same
charter.
Organizations sharing the same officers and/or place of meetings
and/or national parent organization.
Subdivisions and/or fractional divisions however named or delineated
of organizations.
Suborganizations, one of whose primary purpose is to provide
financial and/or manpower support to a parent nonprofit organization.
means an administrative citation issued pursuant to this
section to remedy a violation.
means any person served with an administrative citation charging
him or her as a responsible person for violation.
shall mean the city of Lathrop.
means the city of Lathrop Municipal Code.
means any employee or agent of the city of Lathrop designated
by the city council to enforce any provision of this code.
shall mean "dangerous fireworks" in Health and Safety Code
Sections 12505 and 12561 and the relevant sections of Title 19, Code
of Regulations, Subchapter 6 which are hereby incorporated by reference.
means the city manager or designee.
means the head of the Lathrop-Manteca Fire Protection District.
means the Lathrop-Manteca Fire Protection District, (AHJ)
authority having jurisdiction for the city of Lathrop as adopted by
the (CFC) California Fire Code 2007 edition.
means any building, counter, or other structure of a temporary
nature used in the sale, offering for sale, or display for sale of
"safe and sane fireworks."
means the person appointed by the city manager to serve as
the hearing officer for administrative hearings hereunder.
means any of the following:
The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Chapter III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
Mailing of administrative fine citation to the citee by certified
mail with return receipt, to the address shown on the official records
of the county assessor; or
By personally serving the responsible party by personal delivery
of the administrative fine citation or by substituted service. Substituted
service may be accomplished as follows:
By leaving a copy at the recipient's dwelling or usual place
of abode, in the presence of a competent member of the household,
and thereafter mailing by first class mail, postage prepaid, a copy
to the recipient at the address where the copy was left; or
In the event the responsible party cannot be served by first
class mail, postage prepaid, or cannot be personally served and has
a property manager or rental agency overseeing the premises, substituted
service may be made upon the property manager or rental agency or
may be affected by posting the property with the administrative fine
citation and mailing a copy by first class mail, postage prepaid,
to the responsible party in violation at the address of the property
where the violation exists.
shall mean any nonprofit association, charity or corporation
organized primarily for veteran, patriotic, welfare, civic betterment
or charitable purposes which has been issued a taxexempt certificate
as required under the Revenue and Taxation Code of the state of California
or a group which is an integral part of a recognized national organization
having such tax-exempt status or an organization affiliated with and
officially recognized by an elementary, junior high and/or high school
and/or school district that serves, in whole or in part, the residents
of the city of Lathrop or public and/or private community college,
college and/or university which is located within the boundaries of
the city of Lathrop.
means a natural person or a legal entity that is also an
owner, tenant, lessee and/or other person with any right to possession
or control of the property where a violation of this code occurred.
shall include, but not be limited to, a permanent structure,
playing field, geographic area or service population which resides
in or is located within the city of Lathrop.
shall mean an entertainment feature where the public is admitted
or permitted to view the display or discharge of fireworks, including,
but not limited to, those defined above.
shall mean any group or organization which has met all of
the following criteria for a continuous period of not less than one
full year preceding submittal of an application for a permit to sell
required by this chapter and which continues to meet the criteria
for the duration of any permit to sell issued by the city of Lathrop
pursuant to this chapter:
The organization shall be a nonprofit organization pursuant
to Internal Revenue Code or California Revenue and Taxation Code;
or a group which is an integral part of a recognized national organization
having such tax-exempt status or an organization affiliated with and
officially recognized by an elementary, junior high and/or high school
and/or school district that serves, in whole or in part, the residents
of Lathrop or public and/or private community college, college and/or
university which is located within the boundaries of the city of Lathrop.
Only one application per school will be allowed unless the entity
has received separate recognition with the IRS or state;
The organization shall be organized primarily for veterans,
patriotic, welfare, civic betterment, educational, youth development
or charitable purposes;
The organization must have its principal and permanent meeting
place within the city;
The organization must be one which provides direct and regular
community services and benefits to the residents of the city;
Has a minimum bona fide membership of at least 10 members who
either reside in the city, are employed in the city, or are owners
or operators of a business or other establishment located in the city;
Has not been found by any court of competent jurisdiction or
city administrative hearing officer to be in violation of any civil
or criminal local, state or federal law relating to fireworks within
24 calendar months prior to the organization's submittal of an application
for a permit to sell;
Has not had a permit to sell revoked within 24 months prior
to the organization's submittal of an application for a permit to
sell.
shall mean "safe and sane fireworks" as set forth in Health
and Safety Code Sections 12529 and 12562 and the relevant sections
of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated
by reference.
refers to any violation of any provision of this chapter.
(Ord. 10-299 § 2)
Except as otherwise provided in this chapter, no person shall
possess, sell, use, display or explode any "dangerous fireworks" including,
but not limited to, any rocket, firecracker, roman candle, squib,
torpedo, wire core sparkler, wooden core sparkler, black cartridge,
aerial shell or other combustible device or explosive substance or
any kind of fireworks, by whatsoever name known, or any altered "safe
and sane fireworks" within the city of Lathrop.
(Ord. 10-299 § 2)
It shall be unlawful to cause, allow, permit, aid, abet, or
suffer any discharge of "dangerous fireworks" (including a public
display) or any use of special effects without having first obtained
a permit therefor from the fire chief.
The fire chief shall have authority to adopt reasonable rules
and regulations for the granting of permits for those activities contained
in Section 12640 of the California Health and Safety Code, including
supervised public displays of fireworks by a jurisdiction, fair association,
amusement park, other organization, or for the use of fireworks by
artisans in pursuit of their trade. Each such 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
a city-issued permit, and shall be of such character and so located,
discharged or fired as in the opinion of the fire chief or designee,
after proper investigation, will not be hazardous or endanger any
person.
Every application for permit to conduct a public display of
fireworks shall be accompanied by a nonrefundable fee as established
by resolution of the city council. This fee shall be in addition to
any fee or tax imposed by the city council. Every applicant shall
agree to hold the city of Lathrop, its officers and employees, harmless
from any and all claims for damages or other costs arising out of
the activity authorized by the permit.
(Ord. 10-299 § 2)
Any person, firm or corporation applying for a public display
permit shall furnish to the fire chief proof of coverage by a policy
of public liability and property damage insurance. The policy shall
provide limits of bodily injury and property damage liability of not
less than five million dollars ($5,000,000.00) combined single limits
for each occurrence annually for payments of damages to persons or
property which may result from or be caused by such public display
of fireworks, or any negligence on the part of the licensee or his,
her or its agents, servants, employees and/or subcontractors presenting
such public display.
No permit shall be issued until the permittee furnishes the
fire chief with a "certificate of insurance" for each policy required,
executed by the company issuing said policy and approved as to form
by the city attorney. Such policies shall contain a provision which
includes the "City of Lathrop" as an additional insured and declares
said insurance to be primary and that no other insurance carried by
an insured party shall be called upon for contribution. Such insurance
policies shall contain an endorsement that the company issuing such
policy or policies will not allow the same to be canceled without
serving, by first class mail, 10 days' notice of cancellation upon
the city clerk for the city of Lathrop. Notwithstanding any other
provision of this chapter, the failure of the permittee to carry such
policy or policies in force and to properly renew said insurance during
the time covered by such permit shall automatically revoke the permit
as of the date of expiration of such insurance policy or policies.
A payment of the full amount of the permit fee required by this chapter
shall be made to the city before any such revoked permit may be reinstated.
(Ord. 10-299 § 2)
The decision of the fire chief or the fire chief's designated
representative in acting on an application for a permit to conduct
a public display of fireworks in accordance with the provision of
this chapter shall be subject to an appeal by the applicant to the
city manager. Notice of such appeal shall be filed with the city manager
within 10 days after the date of the decision regarding such fireworks
permit. Upon failure to file such notice within the 10 day period,
the action of the fire chief of the fire chief's designated representative
shall be final and conclusive. The applicant may appeal the decision
of the city manager to the city council by filing a notice of appeal
with the city clerk within 10 days after the date of the city manager's
decision. Upon failure to file such a notice within the 10 day period,
the action of the city manager shall be final and conclusive.
(Ord. 10-299 § 2)
It is not unlawful to possess, sale, use, display or discharge,
within the city, those fireworks that are defined and classified as
"safe and sane fireworks" (a.k.a. "state-approved fireworks") in the
California State Fireworks Law (Section 12500 et seq., of the Health
and Safety Code and the relevant sections of Title 19, Code of Regulations,
Subchapter 6) during that time period beginning at noon on June 28th
and ending at ten p.m. on July 4th of that same year.
(Ord. 10-299 § 2)
It is unlawful for any person to sell "safe and sane fireworks"
within the city without having first submitting an application for
a permit to the fire chief and receive a permit therefor, from the
city. Fees for such permits payable to the city are in addition to
application fees set forth by and payable to LMFD, shall be nonrefundable
and established by resolution of the city council.
(Ord. 10-299 § 2)
A.
All applications for permits to sell "safe and sane fireworks" shall be made by the organization's president or designee in writing to the fire chief on forms supplied by the Lathrop-Manteca Fire District accompanied by an application fee. The fee, as set by the Lathrop-Manteca Fire District Board resolution, shall be adjusted by the fire district annually as of January 1st of each year hereafter to reflect any increase or decrease in cost of living based upon the Consumer Price Index for the San Francisco Bay Area. Should the applicant be denied further processing based on organization qualification as outlined in Section 8.13.010, all fees less $100 shall be refunded to the applicant.
Notwithstanding any fees or charges that may be imposed by the
Lathrop-Manteca Fire District, the city may also charge a fee for
its review and processing of each permit application. Such a fee,
if imposed, shall be set by resolution of the city of Lathrop city
council.
Applications may be filed beginning January 1st of each year
up to and including January 31st of the same year, at which time the
filing period for that year will be closed. All applications received
by the fire chief shall be forwarded to the city for review and recommendation
for approval prior to any permit issuance.
Applicants for such permits shall be notified by April 15th
of each calendar year by the fire chief of the approval or disapproval
of such applications for such permit. All organizations whose applications
have been approved shall have up to and including May 15th of that
year to comply with all regulations herein and pick up such permit
from the city. All organizations whose applications have been approved
shall have up to and including June 10th to comply with all regulations
herein and pick up such permit from the city.
B.
Applications
shall be accompanied by an assurance that, if the permit is issued
to the applicant, the applicant shall, at the time of receipt of such
permit, deliver to the city and LMFD a certificate evidencing an occurrence-based
policy of insurance naming the "City of Lathrop" and "Lathrop-Manteca
Fire District" as additional insureds hereunder, with the following
minimum limits: one million dollars ($1,000,000.00) public liability
and property damage; and general aggregate coverage of two million
dollars ($2,000,000). No policy will be acceptable which contains
a provision allowing a deductible amount. A copy of the requisite
state retail sales permit from the office of the California State
Fire Marshal must also be attached.
C.
Applicants
shall set forth the proposed location of the fireworks stand and a
plot plan of storage of fireworks. The host group will be granted
first choice of sales locations; if applicable. The fireworks stand
must be located on private property or an off-street parking facility
with at least 25 spaces, in commercial, professional office or industrial
zones, and the written permission of the owner of record of the property
must be on record prior to issuance of a permit.
D.
Applications
shall include a statement that the applicant agrees to comply strictly
with the terms of any permit granted to it and to furnish any additional
information, including such other licenses and permits as are necessary
under state law, upon the request of the city manager or designee.
(Ord. 10-299 § 2; Ord. 12-321 § 1)
A.
No nonprofit
organization shall submit more than one application for a permit to
sell "safe and sane fireworks" within the city. Organizations are
encouraged to form joint ventures with other nonprofit organizations.
If more than one application is submitted on behalf of any nonprofit
organization, including an affiliated organization, all such requests
shall be voidable at the discretion of the fire chief. If a question
arises as to whether organizations and/or groups are affiliated, the
city council shall have ultimate authority to decide said question.
Any attempt to transfer an application shall void any and all applications
filed by or on behalf of both the transferor/nonprofit organization
and the transferee/nonprofit organization.
B.
The
number of permits which will be issued to qualified applicants pursuant
to this chapter during any one calendar year shall not exceed one
permit for each 6,000 residents of the city of Lathrop or fraction
thereof, based on the latest state of California Department of Finance
population estimate, provided May 1st of each year. In addition to
the permits issued to qualified applicants, each year one permit shall
be issued to the city to be utilized at its discretion and one permit
to the Lathrop-Manteca Fire District to be used by the district at
its discretion. All proceeds from the sale of fireworks under the
city permit shall be placed in a segregated fund.
If the number of qualified applicants exceeds the number of
permissible permits under this section, the city council is hereby
authorized to establish, by resolution, a lottery process for which
the permits will be issued.
C.
Prior
to the issuance of a permit, each applicant shall file with the city
a cash deposit, certificate of deposit or a surety bond made payable
to the city in the amount of $250 to assure compliance with the provisions
of this chapter. Such deposit or certificate shall be refundable upon
compliance with the provisions and requirements of this chapter, including,
but not limited to, the removal of the stand and the cleaning of the
site. In the event the permittee does not so comply or remove the
stand or clean the site in the manner required by the city, the city
may do so or cause the same to be done by other persons, and the reasonable
cost thereof shall be a charge against the permittee and its surety
and the deposit, certificate or bond.
E.
Issuance
of any fireworks permit issued pursuant to this chapter shall be subject
to the requirement that at least one or more representatives of each
nonprofit organization, preferably those responsible adults listed
on the permit application, shall attend a "safe and sane fireworks"
stand operator safety seminar conducted by the fire department and
the licensed fireworks wholesaler that is supplying the "safe and
sane fireworks" to the nonprofit organization. The failure of a nonprofit
organization to have a responsible individual(s) attend the safety
seminar shall result in the denial of a permit to sell "safe and sane
fireworks."
F.
Prior
to the issuance of a permit to sell, the applicant shall have had
the proposed fireworks stand inspected by appropriate representatives
of the LMFD and shall have received certification by the said fire
district that the proposed fireworks stand complies with the applicable
provisions of the Uniform Fire Code, the State Fireworks Law and all
regulations promulgated pursuant thereto.
(Ord. 10-299 § 2; Ord. 12-311 § 1)
A.
The
city shall issue the permit to sell "safe and sane fireworks" unless:
1.
The
fire chief finds, in writing, that the applicant has failed to provide
sufficient plans, information or other data necessary to permit a
determination respecting compliance with the requirements of this
chapter;
2.
The
fire chief finds, in writing, that the applicant is not in compliance
with any of the requirements of this chapter; or
4.
The fire chief determines that the number of qualified applicants exceeds the number of permissible permits under Section 8.13.090(B). The fire chief must advise, in writing, all qualified applicants of this determination no later than April 15th as well and advise them of the lottery process.
(Ord. 10-299 § 2)
If the deadline for submitting any type of application, payment
of any administrative fine, filing of a notice of appeal, etc. called
for within this chapter falls on a day city hall is closed, the deadline
shall automatically be extended to the close of business of the next
day city hall is open.
(Ord. 10-299 § 2)
Nonprofit organizations licensed and permitted to sell "safe
and sane fireworks" in the city are required to obtain a temporary
sales tax permit from the local office of the California State Board
of Equalization.
(Ord. 10-299 § 2)
A.
No person
shall knowingly sell fireworks to any person under the age of 18.
The sale of "safe and sane fireworks" shall begin no earlier than
noon on June 28th and shall not continue after ten p.m. on July 4th
of the same year. Sale of fireworks shall be permitted only from noon
to ten p.m. on June 28th and from nine a.m. to ten p.m., daily, on
June 29th through July 4th.
B.
No person
other than the permitted nonprofit organization(s) or the nonprofit
organization with whom they have an approved joint venture, shall
operate the stand for which the permit is issued or share or otherwise
participate in the profits of the operation of such stand.
C.
No person
other than the individuals who are members of the permittee and/or
joint venture nonprofit organization(s) or the wives, husbands, parents
or adult children of such members shall sell or otherwise participate
in the sale of "safe and sane fireworks" at such stand.
D.
No person
under the age of 18 shall sell or handle for sale, any classification
of fireworks.
E.
No person
under the age of 18 shall purchase or be allowed to purchase any classification
of fireworks.
F.
Prior
to the issuance of a fireworks permit, a responsible person from the
permittee organization must certify in writing that training for all
booth operators was received. Such training must include safe handling
and storage of fireworks, and a review of the city's fireworks regulations
in this chapter.
G.
Fireworks
shall be stored and kept in the permittee's sales booth. During hours
of operation, the sales booth shall be staffed by no less than two
qualified personnel. Fireworks that are not being sold or displayed
with the intent to sell shall be stored solely in the following manner:
1.
Within
the permitted fireworks stand with a responsible adult on the premises
at all times.
2.
In
a completely enclosed and locked utility type trailer constructed
of one-fourth inch plywood or other approved noncombustible material.
3.
In
a completely detached garage on residential property with a minimum
10 feet clearance from other structures or property lines. There shall
be no open-flame or spark producing equipment, or Class 1 flammable
liquids stored or used within the garage.
4.
Fireworks
shall not be stored within 40 feet of any building classified or used
as a public or private school, day care facility, residential care
facility, hospital, place of detention, public oil/gas station, or
public garage, or any place of public assembly that can accommodate
50 or more persons.
5.
In
an approved and permitted fireworks warehouse.
(Ord. 10-299 § 2)
All retail sales of "safe and sane fireworks" shall be permitted
only from within a temporary fireworks stand, and the retail sales
from any other building or structure is hereby prohibited. Temporary
stands shall be subject to the following provisions:
A.
Merchandise
may be displayed in stands constructed in the following manner:
1.
Walls
and roof shall be of plywood at least one-fourth inch thick or of
an approved noncombustible material.
2.
The
stand shall be provided with a roof.
3.
Walls
shall extend to a minimum height of six feet eight inches, on at least
three sides. These three sides shall be without openings, except for
an exit door.
4.
Each
stand shall have at least two exits. Exit doors shall be not less
than 24 inches wide and six feet in height and shall swing in the
direction of exit travel. Exits shall be maintained clear and unobstructed
at all times.
5.
Each
stand in excess of 32 feet in length shall have at least three exits
spaced approximately equidistant apart; provided, however, that in
no case shall the distance between the exits exceed 24 feet.
6.
The
front wall of the stand shall provide a physical barrier not less
than 18 inches in height between the public and the merchandise on
display.
B.
Temporary
fireworks stand shall not be set up before application for permit
has been approved and permit received nor earlier than June 14th.
C.
No fireworks
stand shall be located within 25 feet of any other building nor 25
feet from any trailer or vehicle nor within 100 feet of any gasoline
service station pump island, distribution point, or property on which
is stored any flammable liquid, nor less than 25 feet from the curb
line.
D.
Temporary
fireworks stands need not comply with the provisions of the building
code of the city of Lathrop; provided however, that all stands shall
be constructed and erected so as to meet the approval of the city
building inspector, who shall require that the stands be constructed
in a manner that will reasonably ensure the safety of attendants and
patrons.
E.
No stand
shall have a floor area in excess of 750 square feet.
F.
Each
stand shall have two 2A10BC soda-and-acid fire extinguishers located
in the stand, near the exits, in good working order and easily accessible
for use in case of fire.
(Ord. 10-299 § 2)
A.
Dry
grass, weeds, trash and other combustible materials shall be cleared/removed
from the location of the fireworks stand to a distance of at least
25 feet surrounding the fireworks stand. All trash resulting from
the operation of the fireworks stand must be removed on a daily basis.
B.
Each
"safe and sane fireworks" stand must post its city permit to sell
"Safe and Sane Fireworks," its temporary sales tax permit from the
California State Board of Equalization, its state fire marshal retail
sales permit and proof of their required insurance in a prominent
place inside the "safe and sane fireworks" stand.
C.
"NO
SMOKING" signs prohibiting smoking in or within 25 feet of the fireworks
stand shall be prominently displayed on the interior and exterior
of each such fireworks stand.
D.
Each
"safe and sane fireworks" stand must have an adult in attendance and
in charge thereof while fireworks are stored therein. Sleeping or
remaining in the stand after close of business each day is forbidden.
E.
All
unsold stock of fireworks in the hands of the permittee after ten
p.m. on the 4th day of July shall be returned to the wholesaler/distributor
and removed from the city of Lathrop by five p.m. on the 5th day of
July.
F.
The
fireworks stand shall be removed from the temporary location by noon
on the 12th day of July, and all accompanying litter shall be cleared
from said location by said time and date.
G.
A penalty
of $100 per day will be assessed to the permittee of any fireworks
stand not removed by noon on the 12th day of July.
H.
All
permittees shall have a post-inspection with the city code enforcement
division to verify clean-up of site and compliance with this chapter.
I.
No fuel-powered
generator or similar equipment shall be allowed within 50 feet of
a "safe and sane fireworks" stand.
J.
Fireworks
shall not be discharged within 50 feet of a fireworks stand.
(Ord. 10-299 § 2)
A.
The fire chief or the fire chief's designee, may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the following provisions: Section 8.13.130, subsections A, B, E and Section 8.13.150, subsection C. If the revocation occurs between June 22nd and July 4th, the fire chief shall inform the permittee that the permittee may seek review of the fire chief's decision by the city manager, or the city manager's designee, on the next business day. At the earliest opportunity on the next business day after the revocation, the fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief on that day, upon the permittee's request, to review the fire chief's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection B of this section shall apply.
B.
The fire chief, or the fire chief's designee, may revoke the permit of any permittee who violates any provision of this chapter not specified in subsection A. Such revocation shall not take effect for five days, during which time the permittee may seek review of the fire chief's decision by submitting a written request for review to the city manager. The fire chief shall provide the city manager with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city manager, or the city manager's designee, shall meet with the permittee and the fire chief to review the fire chief's decision. The decision of the city manager shall be final.
(Ord. 10-299 § 2)
A.
It shall
be unlawful to discharge any "safe and sane fireworks" except during
the hours of nine a.m. to ten p.m. on the days on which said "safe
and sane fireworks" may be sold.
B.
The
use of "safe and sane fireworks" in the city shall be limited to private
property except as otherwise provided herein. No "safe and sane fireworks"
shall be discharged on public, semi-public or private open areas such
as parking lots, vacant property or in public streets or right-of-ways
except in public parks and those areas approved by the fire chief.
(Ord. 10-299 § 2)
It shall be unlawful for any person having the care, custody
or control of a minor (under 18 years old) to permit such minor to
discharge, explode, fire or set off any "dangerous fireworks," at
any time, or to permit such minor to discharge or set off any "safe
and sane fireworks" unless such minor does so under the direct supervision
of a person over 18 years of age and during the hours and on the days
permitted by this chapter.
(Ord. 10-299 § 2)
Wholesale storage of "safe and sane fireworks" by fireworks wholesalers licensed by the office of the California State Fire Marshal shall be in a building meeting the requirements of a group H-3 occupancy as defined in the Uniform Building Code and can be stored year-round in the city by a fireworks wholesaler licensed by the office of the California State Fire Marshal so long as said fireworks wholesaler has not been found to be in violation of the terms of this chapter as set forth in subsection B of Section 8.13.160.
(Ord. 10-299 § 2)
The fire chief, or the fire chief's designee, may seize, take,
remove or cause to be removed, at the expense of the permittee or
licensed fireworks wholesaler, whichever is applicable, all stock
of fireworks offered or exposed for sale, stored or held in violation
of this chapter when such violation creates an imminent threat to
public health or safety.
(Ord. 10-299 § 2)
A.
It is
unlawful for any person to violate, or to permit the violation of,
any provision of this chapter. All owners, occupants, tenants and
other persons at or on the property or premises where fireworks are
possessed, sold, ignited, exploded, discharged, projected, or otherwise
fired or used may be cited for and convicted of violations of this
chapter; provided, however, that an owner who is not in possession
of his or her property, and who has instead permitted another person(s)
to occupy the property, shall not be convicted of a violation unless
the owner was in fact present at the property during the time in which
the fireworks were possessed, sold, ignited, exploded, discharged,
projected, or otherwise fired or used, or the owner negligently allowed
a violation of this chapter to occur on his or her property.
B.
A violation
of this chapter shall constitute a misdemeanor; provided, however,
that in the discretion of the city attorney, may be charged and prosecuted
as an infraction. Each conviction of a misdemeanor under this chapter
shall be punishable as set forth in California Health and Safety Code
Section 12700, as may be amended from time to time. Conviction of
an infraction under this chapter shall be punishable only by a fine
as follows: for the first conviction, the fine shall not exceed the
amount of $250, for the second and any subsequent conviction within
a 12 month period, the fine shall not exceed the amount of $500.
C.
Violations
of this chapter shall be prosecuted by the city attorney through the
provisions of this code.
(Ord. 10-299 § 2; Ord. 17-377 § 1)
This chapter is not the exclusive regulation for fireworks within
the city of Lathrop. It shall supplement and be in addition to the
other regulatory codes, statutes, regulations and ordinances heretofore
and hereinafter enacted by the city of Lathrop, the state of California
or any other legal entity or agency having jurisdiction.
Any provisions of the city of Lathrop Municipal Code in conflict
herewith are hereby repealed. This chapter supersedes any conflicting
provisions of the Uniform Fire Code and Uniform Building Code.
If any section, subsection, sentence, clause or phrase of this
chapter that is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
The city council hereby declares that it would have passed this chapter
and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 10-299 § 2)
