The sale, use, possession or discharge of any fireworks or pyrotechnic
devices, including, but not limited to, "safe and sane" fireworks,
anywhere within the incorporated area of the city of Manteca is prohibited
unless otherwise allowed by this chapter.
(Ord. O2024-08, 5/21/2024)
A.
It is unlawful for any person under the age of eighteen to sell,
or handle for sale, any classification of fireworks.
B.
It is unlawful for any person under the age of eighteen to purchase
or be allowed to purchase any classification of fireworks.
C.
It is unlawful for any person having the care, custody or control
of a minor under the age of eighteen to permit such minor to discharge,
explode, fire, or set off any fireworks, as defined herein, unless
such minor does so under the direct supervision of a parent or guardian,
or such other person having care, custody or control of such minor.
(Ord. O2024-08, 5/21/2024)
A.
No fireworks shall be discharged on public property, streets, sidewalks,
or a right-of-way, except in those areas approved by the fire chief.
B.
No fireworks shall be discharged in semi-public or private open areas,
such as parking lots, shopping centers, vacant properties, or open
commercial or industrial areas, except in those areas approved by
the fire chief.
C.
It is unlawful for any person to ignite, explode, project, or otherwise
fire or use, any fireworks, or to permit the ignition, explosion or
projection thereof, upon or over or onto the property of another without
his or her consent.
D.
It is unlawful for any person to discharge any fireworks within one
hundred feet of a fireworks booth.
E.
The discharge of fireworks permitted by this chapter shall be limited
to private property or residential streets.
(Ord. O2024-08, 5/21/2024)
No fireworks classified as "dangerous fireworks" by Section 12505 of the Health and Safety Code of the state of California or listed in Section 8.08.090 may be sold or discharged within the city.
(Ord. O2024-08, 5/21/2024)
It is a violation of this code for any person to cause, allow,
permit, aid, or abet any discharge of fireworks (including a public
display) without having first obtained a permit therefor from the
Fire Marshal, including a property owner who knows or should know
of the violation, or a responsible party as defined in this chapter,
unless allowed otherwise by this chapter.
(Ord. O2024-08, 5/21/2024)
It is a violation of this code for any person to store fireworks, including those classified as safe and sane by the California State Fire Marshal, except as expressly allowed by Section 8.08.110 of this code.
(Ord. O2024-08, 5/21/2024)
As a public nuisance, an unpermitted discharge or illegal storage
of fireworks may be summarily abated by law enforcement by all reasonable
means, singularly or in combination, including, but not limited to:
A.
Issuance of an administrative citation or written notice that a violation of this chapter has occurred, as set forth in Section 8.08.180(C); and
B.
Issuance of a citation for recovery of response costs for violations as set forth in Section 8.08.180(H); and
D.
Any other remedy provided by law.
(Ord. O2024-08, 5/21/2024)
For purposes of this chapter, all words not herein defined shall
have the same meanings ascribed to them as under the State Fireworks
Law (Health and Safety Code Section 12500 et seq.) and regulations
promulgated thereunder.
(Ord. O2024-08, 5/21/2024)
For the purposes of this chapter, the following definitions
shall apply:
means any city employee, or law enforcement officer with
the authority to enforce any provision of this code. Whenever an enforcement
officer charged with the enforcement of any provision of this code
determines that a violation has occurred, the enforcement officer
shall have the authority to issue an administrative citation to any
person responsible for the violation.
means any device containing chemical elements and chemical
compounds capable of burning independently of the oxygen of the atmosphere
and producing audible, visual, mechanical, or thermal effects which
are useful as pyrotechnic devices or for entertainment. The term "fireworks"
includes, but is not limited to, devices designated by the manufacturer
as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo
bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke
sparks, aerial bombs, and fireworks kits. For the purposes of this
chapter, "fireworks" includes both "dangerous fireworks" and "safe
and sane fireworks" as defined by the California Health and Safety
Code.
means those reasonable and necessary costs directly incurred
by public safety personnel for a response to an unpermitted discharge
or illegal storage of fireworks, and include the cost of providing
law enforcement, firefighting, and/or other emergency services at
the scene of the unpermitted discharge or illegal storage of fireworks,
including, but not limited to:
Salaries and benefits of public safety personnel for the amount
of time spent responding to, remaining at, or otherwise dealing with
the unpermitted discharge or illegal storage of fireworks, and the
administrative costs attributable to the response(s); and
The cost of any medical treatment to or for any public safety
personnel injured responding to, remaining at or leaving the scene
of the unpermitted discharge or illegal storage of fireworks; and
The cost of repairing any public safety equipment or property
damage, and the cost of the use of any such equipment, in responding
to, remaining at, or leaving the scene of an unpermitted discharge
or illegal storage of fireworks.
includes, but is not limited to, a person who causes a violation
of this chapter to occur or allows a violation to exist or continue,
by his or her action or failure to act, or whose agents, employee,
or independent contractor causes a violation of this chapter to occur,
or allows a violation to exist or continue. There is a rebuttable
presumption that the record owner of real property, as shown on the
county's latest equalized property taxes assessment rolls, and
a lessee of real property has a notice of any violation existing on
said property. For purposes of this chapter, there may be more than
one responsible person for a violation.
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Any person, irrespective of age, found in violation of any provision
of this chapter may be issued a citation in accordance with the provisions
of this code. Every parent, guardian, or other person having the legal
care, custody, or control of any person under the age of eighteen
years, who knows or reasonably should know that a minor is in violation
of this chapter, may be issued a citation in accordance with the provisions
of this chapter, in addition to any citation that may be issued to
the offending minor.
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are defined in Sections 12529 and 12562 of the Health and
Safety Code of the state of California.
(Ord. O2024-08, 5/21/2024)
