The purpose of this Chapter is to establish regulations for public safety regarding the use, possession, storage, transport, distribution, delivery, sale, or display of fireworks. No part of this chapter shall be deemed to permit any activity in violation of state or federal regulations relating to fireworks.
(Ord. 4998 § 1, 2013)
The following definitions shall apply to this chapter:
"Fireworks"
has the same meaning as the term "fireworks" in Health and Safety Code section 12511. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks; blank cartridges; toy pistols; toy cannons; toy canes or toy guns in which explosives are used; firecrackers; torpedoes; sky-rockets; Roman candles; rockets; daygo bombs; sparklers; snap caps; party poppers; paper caps; chasers; fountains; smoke sparks; aerial bombs; and fireworks kits. "Fireworks" does not include auto flares, paper caps that do not contain in excess of an average of twenty-five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of these caps.
"Fireworks kit"
has the same meaning as the term "fireworks kit" in Health and Safety Code section 12512 and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving the material or explosive substance and when assembled, comes within the definition of "fireworks," above.
"Sell"
means to sell, offer to sell, solicit the sale of, take orders for, give away, offer to give away, distribute or deliver.
(Ord. 4998 § 1, 2013)
It shall be unlawful for any person to use, posses, store, transport, distribute, deliver, sale, or display fireworks except for supervised public displays of fireworks by or for a municipal agency, or permitted theatrical performances by a state licensed pyrotechnic operator.
(Ord. 4998 § 1, 2013)
City of El Cajon Police, City of El Cajon Fire Department and the San Diego Sheriff's members shall seize, take, remove or cause to be removed at the expense of the owner, all fireworks being manufactured, offered for sale, possessed or being discharged in violation of this chapter.
(Ord. 4998 § 1, 2013)
A violation of any provisions of this chapter is deemed to be a public nuisance and may be abated in accordance with Chapter 1.16 of this code.
(Ord. 4998 § 1, 2013)
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, remove, improve, convert or demolish, equip, use, occupy, or maintain any building or structure, or cause the same to be done, contrary to or in violation of the provisions of this chapter.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and subject to the provisions of the general penalty clause as set forth in Section 1.24.010 of this code, or any other penalty adopted by the City.
(Ord. 4998 § 1, 2013)