"Dangerous fireworks"
are all fireworks that are not classified as "safe and sane" as defined by Section 12529 of the Health and Safety Code of the State of California or that are defined by the Section 12505 of the Health and Safety Code of the State of California, Title 19, Chapter 6 of the California Code of Regulations, or any successor provision thereto, as a "dangerous firework." "Dangerous fireworks" shall include any permitted fireworks that have been altered in such a manner as to provide said fireworks with the qualities of dangerous fireworks as defined herein.
"Permitted fireworks"
are safe and sane fireworks, as defined by Section 12529 of the Health and Safety Code of the State of California.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
Except as otherwise provided by law or as part of a fireworks show permitted by the City, it is unlawful for any person to sell, possess, keep, store, use, or discharge or permit another to sell, possess, keep, store, use or discharge, any dangerous fireworks within the City at any time.
Any person(s) found in possession of dangerous fireworks in violation of this section may have the dangerous fireworks confiscated by any law enforcement officer, Fire Department employee or code enforcement officer. Such confiscation shall be immediately reported to the City and the dangerous fireworks will be transported to the nearest Fire Department within a reasonable amount of time for proper disposal.
Anyone that violates this section may be subject to the civil fines as set forth in this chapter.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
Permitted fireworks may be discharge within the City only on the 4th of July between the hours of 10:00 a.m. and 10:00 p.m. unless the City has issued a permit allowing fireworks discharge outside of this timeframe.
The lawful discharge of permitted fireworks pursuant to this chapter shall not be considered a violation of the noise restrictions in the Code.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
In addition to the discharge time restrictions in Section 4-20.03, the following restrictions apply to permitted fireworks:
(a) 
No minor, defined as an individual under 18 years old, shall possess, fire, set off, discharge or use any permitted fireworks, unless the minor is under the supervision of a person over 21 years old that is physically present at the time and place of discharge.
(b) 
No person shall give, transfer, distribute to, or permit the possession of any permitted fireworks by any minor under 18 years old, except for the purpose of then discharging, firing or using such permitted fireworks under the immediate supervision of a person over 21 years old that is physically present at the time and place of discharge. It is unlawful to sell permitted fireworks to a minor.
(c) 
Any minor under 18 years old in the possession of permitted fireworks who is not under the direct supervision of a person over 21 years old, then and there physically present, may have such permitted fireworks confiscated by any law enforcement officer, Fire Department employee or code enforcement officer. Such confiscation shall be immediately reported to the City and the permitted fireworks confiscated shall be delivered to the Fire Department within a reasonable time thereafter.
(d) 
Except as otherwise permitted by the City as part of a fireworks show, no person shall fire, set off, discharge or use any permitted fireworks on any property owned or controlled by the City. Additionally, no person shall possess any permitted fireworks within any park, playground, swimming pool, athletic field, accessory structure, or any other area owned or controlled by the City and devoted to active or passive recreation or any area within the Civic Center.
(e) 
Notwithstanding the provisions of this chapter, it is unlawful for any person to discharge at any time any permitted fireworks that have been physically altered from their original, manufactured state.
(f) 
It is unlawful for any person to ignite, explode, project, or otherwise fire or use, or permit the ignition, explosion, or projection of, any permitted fireworks upon, over, or onto the property of another, or to ignite, explode, project, or otherwise fire or make use of any permitted fireworks within ten (l0) feet of any residence, dwelling, or other structure.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
(a) 
Any law enforcement officer, Fire Department employee or code enforcement officer may issue an administrative citation pursuant to Chapter 5 of Title 1 of this Code, as permitted by Government Code Section 53069.4, imposing administrative fines as described in this chapter for any violation of this chapter.
(b) 
The issue of an administrative citation pursuant to Chapter 5 of Title 1 of this Code does not limit the City's discretion to utilize any other remedy, civil or criminal, to redress any violation of this chapter.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
(a) 
For violations pertaining to dangerous fireworks, the imposition of administrative fines and penalties and/or the seizure of dangerous fireworks is limited to persons who possess 25 pounds or less of dangerous fireworks.
(b) 
Administrative fines and penalties collected pursuant to this chapter for violations pertaining to dangerous fireworks shall not be subject to the provisions of California Health and Safety Code Section 12706, and shall be allocated in compliance with California Health and Safety Code Section 12557, which requires the City to reimburse the State Fire Marshal for costs associated with the disposal of seized dangerous fireworks. Unless and until regulations governing such reimbursement have been adopted by the State Fire Marshal and are effective in the State of California, the City shall hold in trust $250 or 25%, whichever is greater, from each administrative fine and penalty collected pursuant to this section, for purposes of reimbursing the State Fire Marshal for costs associated with the transportation and disposal of seized dangerous fireworks.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
(a) 
Anyone found in violation of this chapter as it relates to permitted fireworks, is subject to an administrative fine as established by a schedule of fines set by the City Council by resolution. This schedule of fines will be specifically for violations of this chapter as it relates to permitted fireworks and is thus separate from the general schedule of fines established by the City Council pursuant to Section 1-5.05, as well as separate from the schedule of fines established for violations relating to dangerous fireworks.
(b) 
The payment of such fine(s) shall not excuse the violator from complying with the provisions of the Code.
(§ 1, Ord. 909-NS, eff. June 20, 2013)
(a) 
Anyone found in violation of this chapter as it relates to dangerous fireworks, is subject to an administrative fine as established by a schedule of times set by the City Council by resolution. This schedule of fines will be specifically for violations of this chapter as it relates to dangerous fireworks and is thus separate from the general schedule of fines established by the City Council pursuant to Section 1-5.05, as well as separate from the schedule of fines established for violations relating to permitted fireworks.
(b) 
The payment of such fine(s) shall not excuse the violator from complying with the provisions of the Code.
(§ 1, Ord. 909-NS, eff. June 20, 2013)