It is
unlawful for any person to commence, conduct, manage, participate
in or sponsor a public display of fireworks without an Operations
Permit: Public Display of Fireworks.
Any
person conducting a public display of fireworks within the City in
violation of this chapter or the terms of any permit issued pursuant
to this chapter shall be guilty of a misdemeanor in accordance with
Health and Safety Code Section 13112.
It shall
be unlawful for any person to possess, store, to offer for sale, expose
for sale, sell at retail or use or explode any fireworks within the
City except as authorized in accordance with the provisions of this
chapter.
Notwithstanding the provisions of this chapter, proposed activities shall be subject to Zoning Regulations and Coastal Development Requirements, pursuant to Title 30 of this Code.
whether on public or private property, shall include any
use of fireworks as defined in Health and Safety Code, Section 12505
or the Uniform Fire Codes, Article 78, current edition.
The Fire Chief is authorized to issue the Operations Permit:
Public Display of Fireworks.
The application shall be filed no later than 30 days prior to
the proposed date of the public display of fireworks.
No public
fireworks display shall be permitted unless the occasion involves
a public 4th of July celebration or a high school homecoming celebration;
would be in the interest of the public welfare and would be conducted
on public property and in an area and in a manner that does not threaten
the public welfare or safety.
There is hereby adopted by reference, by the City for the purpose of prescribing rules and regulations for the public display of fireworks, the California Administrative Code, Title 19, Chapter 1, Subchapter 6, Article 15, Public Display, in its entirety.
The
permittee shall provide notice of the time and date of the public
display by publishing a notice using a one-eighth page advertisement
in a newspaper of general circulation within the City. Notice shall
be published no less than five days before the event.
The
City Manager may vary the regulations of this chapter for events which
are sponsored by the City or are conducted for the benefit of the
general public.