A.
Any person who allows, permits, aids, or abets any discharge of fireworks
(including a public display) without having first obtained a permit
therefor from the Fire Marshal, or designee, shall be in violation
of this section, unless otherwise permitted by ordinance.
B.
Any person who stores fireworks, including those classified as "safe
and sane" by the California State Fire Marshal, except as expressly
allowed by this code, shall be in violation of this section.
C.
D.
Upon identification of an unpermitted discharge of fireworks, law enforcement may also issue a written notice to all other identifiable responsible persons, as defined in Section 8.08.090, not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in the assessment of response costs.
E.
Nothing in this chapter shall be intended to limit any of the penalties
provided for under the California Health and Safety Code or Penal
Code with regard to the sale, use, possession, delivery, storage,
and/or transportation of dangerous fireworks.
F.
The penalties set forth herein are intended to be nonexclusive and
are intended to be in addition to any other remedies provided in this
chapter or any other law, statute, ordinance or regulation.
G.
Any person who violates this chapter shall be guilty of a misdemeanor.
H.
Response Costs. A responsible person(s), as defined in Section 8.08.090, who has been issued a second administrative citation and/or written notice of violation of this chapter may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses.
If a responsible person is a juvenile, then the parents or guardians
of that juvenile and the juvenile will be jointly and severally liable
for the response costs incurred pursuant to this chapter. To incur
liability for response costs imposed by this chapter, the responsible
person for the unpermitted discharge or illegal storage of fireworks
need not be present at the event that causes the response giving rise
to the imposition of response costs. This chapter therefore imposes
vicarious as well as direct liability upon a responsible person.
I.
Payment of Administrative Fines.
1.
The administrative fines and/or response costs shall be paid pursuant to Chapter 1.10, Administrative Enforcement Provisions.
2.
Payment of a fine and/or response costs under this chapter shall
not excuse or discharge any continuation or repeated occurrence of
the code violation that is the subject of the administrative citation.
J.
Hearing Request. Any recipient of an administrative citation may contest that there was a violation of the code or that he or she is the responsible person per the procedures outlined in Chapter 1.10, Administrative Enforcement Provisions. Advanced deposit of the fine shall not be required if the administrative citation was issued pursuant to Section 8.08.190.
(Ord. O2024-08, 5/21/2024)
A.
Whenever one or more private persons observe a violation of this code, they may request that an administrative citation be issued to a responsible party (as defined in Section 8.08.090 of this code) by any of the officers or employees named in Section 8.08.090 of this code, or any other officer designated by the city attorney. The private persons will be required to sign an affidavit under penalty of perjury verifying that they personally observed a violation of this code by a responsible party, and may be required to testify at an administrative hearing as provided in Section 1.10.440 if the administrative citation is appealed. Failure of the private persons to testify at an administrative hearing if required by the department prosecuting the violation on behalf of the private parties may result in a dismissal of the administrative citation. The officer or employee shall have the authority to issue an administrative citation to the responsible party upon the basis of this affidavit.
B.
Each third-party administrative citation shall contain:
1.
The date of the violation;
2.
The address or a definite description of the location where the violation
occurred;
3.
The section of this code violated and a description of the violation;
4.
The amount of the fine for the code violation;
5.
A description of the fine payment process, including a description
of the time within which and the place to which the fine must be paid;
6.
An order prohibiting the continuation or repeated occurrences of
the code violation described in the administrative citation;
7.
A description of the administrative citation review process, including
the time within which the administrative citation may be contested
and the place from which a request for hearing to contest the administrative
citation may be obtained;
8.
The name, signature and department issuing the citation on behalf
of the private persons.
C.
Each third-party administrative citation shall be accompanied by
an affidavit from the private persons setting forth a description
of the violation as observed by the private persons signed under penalty
of perjury.
(Ord. O2024-08, 5/21/2024)
In addition to obtaining a permit from the Fire Marshal, any
use or discharge of any fireworks and pyrotechnic devices shall comply
with all other applicable federal, state and local laws and regulations.
The issuance of a permit from the Fire Marshal, or designee, pursuant
to this article shall not obviate the need for a permit for an entertainment
event if such a permit is required.
(Ord. O2024-08, 5/21/2024)
