California
Health and Safety Code Section 12500 et seq., regulates
fireworks and pyrotechnic devices and authorize local jurisdictions
to require permits for the manufacture, possession, sale or discharge
of fireworks. This chapter establishes fireworks regulations for the
city in addition to those regulations contained in the municipal code
and Title 19
California Code of Regulations, Chapter 6, as amended.
(Ord. 421 § 3, 2014)
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, day-go 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. 421 § 3, 2014)
Except where otherwise expressly provided in this code, it is
unlawful for any person to possess, store, offer for sale, expose
for sale, sell at retail, or use or explode any fireworks without
a public display permit. No person shall be granted a public display
permit unless the display will be handled by or under the supervision
of a state licensed pyrotechnic operator.
(Ord. 421 § 3, 2014)
The city of Lemon Grove fire department and the sheriff's department
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. 421 § 3, 2014)