The following words and phrases, as used in this chapter, are defined as follows:
"Affiliated organizations,"
for purposes of this chapter, shall be presumed to be the following:
1. 
Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter.
2. 
Organizations sharing the same officers and/or place of meetings and/or national parent organization.
3. 
Subdivisions and/or fractional divisions however named or delineated of organizations.
4. 
Suborganizations, one of whose primary purpose is to provide financial and/or manpower support to a parent nonprofit organization.
"Citation"
means an administrative citation issued pursuant to this section to remedy a violation.
"Citee"
means any person served with an administrative citation charging him or her as a responsible person for violation.
"City"
shall mean the city of Lathrop.
"Code"
means the city of Lathrop Municipal Code.
"Code enforcement officer (CEO)"
means any employee or agent of the city of Lathrop designated by the city council to enforce any provision of this code.
"Dangerous fireworks"
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.
"Director"
means the city manager or designee.
"Fire chief"
means the head of the Lathrop-Manteca Fire Protection District.
"Fire 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.
"Fireworks stand"
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."
"Hearing officer"
means the person appointed by the city manager to serve as the hearing officer for administrative hearings hereunder.
"Issuance" or "issued"
means any of the following:
1. 
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
2. 
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
3. 
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:
a. 
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
b. 
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.
"Nonprofit organization"
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.
"Person"
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.
"Principal and permanent meeting place"
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.
"Public display of fireworks"
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.
"Qualified applicants"
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:
1. 
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;
2. 
The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes;
3. 
The organization must have its principal and permanent meeting place within the city;
4. 
The organization must be one which provides direct and regular community services and benefits to the residents of the city;
5. 
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;
6. 
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;
7. 
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.
"Safe and sane fireworks" (a.k.a. "state-approved fireworks")
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.
"Violation" or "violates"
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.
D. 
Prior to the issuance of a permit to sell fireworks, the distributor serving the permittee shall verify that they possess a valid city business license except as otherwise provided in LMC Sections 5.04.070 and 5.04.220.
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
3. 
The fire chief finds, in writing, that the applicant falls within the provisions of subsection C of Section 8.13.160 of this chapter;
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.
B. 
Any denial of a permit pursuant to this section may be appealed pursuant to the procedures set forth in Section 8.13.160 of this chapter.
(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)
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.
C. 
Any permittee whose permit has been revoked, pursuant to subsection A or B hereof, shall be barred from receiving a permit under this chapter for up to five years from the date of revocation.
(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)