[Ord. 1787, 11-2-2022]
(A)
The provisions of this chapter are intended to regulate the use of all fireworks to provide for the safety of the community and the prevention of fires.
[Ord. 1787, 11-2-2022]
(A) AGRICULTURAL AND WILDLIFE FIREWORKS DANGEROUS FIREWORKS(a) 1. 2. 3. a. b. c. 4. 5. 6. 7. 8. 9. 10. 11. (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) DISCHARGE EXEMPT FIREWORKS FIRE CHIEF FIREWORKS FIREWORKS KIT PERSON POLICE CHIEF PROPERTY PUBLIC DISPLAY OF FIREWORKS PYROTECHNIC COMPOSITIONS PYROTECHNIC OPERATOR PYROTECHNIC SPECIAL EFFECTS MATERIAL RESPONSIBLE PERSON(a) (b) (c) (d) (e) SAFE AND SANE FIREWORKS SPECIAL EFFECTS
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Has the same meaning ascribed to it under § 12503 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both.
Has the same meaning ascribed to it under §§ 12505 and 12561 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes all of the following:
Any fireworks which contain any of the following:
Arsenic sulfide, arsenates, or arsenites.
Boron.
Chlorates, except:
In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
In caps and party poppers.
In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate.
Gallates or gallic acid.
Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
Mercury salts.
Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
Picrates or picric acid.
Thiocyanates.
Titanium, except in particle size greater than 100-mesh.
Zirconium.
Firecrackers.
Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
Roman candles, including all devices which discharge balls of fire into the air.
Chasers, including all devices which dart or travel about the surface of the ground during discharge.
Sparklers more than ten inches in length or one-fourth of one inch in diameter.
All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
Torpedoes of all kinds which explode on impact.
Fireworks kits.
Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
Means and includes, but is not limited to, shoot, set off, ignite, explode, project, fire or otherwise discharge "fireworks" of any classification or kind.
Has the same meaning ascribed to it under § 12508 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and includes any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction and the Fire Chief.
Means the person designated as the Fire Chief of the County of Riverside or his or her authorized designee.
Has the same meaning ascribed to it under § 12511 of the Cal. Health and Safety Code as presently adopted or further amended from time to time. The term "fireworks" includes "dangerous fireworks," "exempt fireworks," and "safe and sane fireworks" and further includes but is not limited to 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, including 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.
Has the same meaning ascribed to it under § 12512 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of "fireworks."
Any natural person, business, organization, corporation or other entity.
The person designated as the Police Chief of the City of Indio or his or her authorized designee.
Any private property, including but not limited to a home, yard or field, whether or not occupied as a dwelling and whether owned, leased, rented or used with or without compensation.
Has the same meaning ascribed to it under § 12524 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of "dangerous fireworks."
Has the same meaning ascribed to it under § 12525 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere.
Has the same meaning ascribed to it under § 12527 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, and means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
A low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical, or group entertainment production for which a permit from the Fire Chief is required for use, storage or disposal.
A person or persons with a right of possession of the residence or other private property at which fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are sold, offered for sale, used or possessed. A "responsible person" includes but is not limited to:
Owner(s) and/or lessee(s) of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
Tenant in possession of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
Person or persons in immediate control of the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
Person or persons who organize, supervise, sponsor, conduct, allow, control or controls access to the residence or other private property where fireworks, dangerous fireworks, exempt fireworks, or safe and sane fireworks are kept, stored, possessed, used, shot, discharged, set off, ignited, exploded, manufactured, sold, offer for sale, given, or transported.
Any "responsible party" as defined in § 11.02 of this code.
Has the same meaning ascribed to it in Cal. Health and Safety Code § 12529, as presently adopted or further amended from time to time, and includes any fireworks which do not come within the definitions of "dangerous fireworks" or "exempt fireworks," as defined in Cal. Health and Safety Code §§ 12505 or 12508, as presently adopted or further amended from time to time.
Has the same meaning ascribed to it in Cal. Health and Safety Code § 12532, as presently adopted or further amended from time to time, and means articles containing any pyrotechnic composition manufactured and assembled, designed, or discharged in connection with television, theater, or motion picture productions, which mayor may not be presented before live audiences and any other articles containing any pyrotechnic composition used for commercial, industrial, education, recreation, or entertainment purposes when authorized by the authority having jurisdiction.
[Ord. 1787, 11-2-2022]
Except as otherwise provided in this chapter, no person, without having a valid permit issued pursuant to this chapter, shall do any of the following:
(A)
Keep, store, possess, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give away, offer to give away distribute, offer to distribute, discharge, or use fireworks, including dangerous fireworks, exempt fireworks, or safe and sane fireworks, or fireworks kits, within the city.
(B)
Make or carry out any public display of fireworks in any place or location.
(C)
Transport fireworks, except as provided in the state fireworks law.
[Ord. 1787, 11-2-2022]
(A)
It is unlawful for any person to sell, offer to sell or possess for the purpose of sale, any safe and sane fireworks or fireworks kit without a valid retail sales permit issued by the city in accordance with § 101.05 of this chapter.
(B)
It is unlawful for any person to discharge or otherwise use any safe and sane fireworks or fireworks kit within the city except during the hours of 9:00 a.m. to 10:00 p.m.
(C)
It is unlawful for any person to sell, offer for sale, or possess for the purpose of sale to any person, any safe and sane fireworks or fireworks kit at any time prior to noon on June 28 or after midnight on July 6 of the same calendar year.
(D)
It is unlawful for any person to sell, offer for sale or possess for the purpose of sale to any person, any safe and sane fireworks or fireworks kit within the city except at a temporary fireworks stand approved as part of a city-permit issued in accordance with § 101.05 of this chapter.
(E)
Except as otherwise provided in this subsection, it is unlawful for any person to discharge or otherwise use at any time safe and sane fireworks or fireworks kit in or upon any city-owned or leased property, or any city redevelopment agency-owned or leased property, including but not limited to sidewalks, streets, parking facilities, parks, or in any upon any property not zoned for residential uses. This prohibition shall not apply to any city-permitted, city-sponsored or city-conducted fireworks show that is reviewed and approved by the Fire Chief.
[Ord. 1787, 11-2-2022; Ord. 1799, 11-15-2023]
(A)
General. This section establishes the requirements and procedures to obtain a permit for the retail sale of safe and sane fireworks or fireworks kits within the city.
(B)
Application.
(1)
Timing. In addition to the requisite license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500 et seq., application must be made to the City Clerk for a retail sales permit on or before the last Friday in March of the calendar year for which the permit is sought. Permit applications may be obtained from the Office of the City Clerk.
(2)
Eligibility and granting of permits. Eligibility shall only be open to those tax-exempt organizations as defined under Code Section 501 of the Internal Revenue Code(c)(3) , one permit per each tax-exempt identification number. Every year, the City Clerk shall review all applications for timeliness and proper qualifications and shall issue a maximum of nine permits in any given year to qualified, timely applicants, one of which shall go to the Indio Youth Task Force. If the City Clerk shall have in excess of nine timely applications, the City Clerk shall select a total of eight permittees from the pool of qualified, timely applicants based on a lottery.
(3)
Notice. Applicants shall be notified of the granting or denial of the permit on or before the first Monday in May of each calendar year.
(4)
Limitations.
(a)
Retail sales of safe and sane fireworks shall be authorized only during the period of 12:00 noon and 10:00 p.m. on June 28 of each year and 9:00 a.m. through 10:00 p.m. each day from June 29 through July 6 of the same calendar year and such license shall expire at the end of such period. Retail sales of safe and sane fireworks shall be prohibited on any other date or time during any calendar year.
(b)
No temporary safe and sane fireworks stand may be erected prior to June 18 or remain in place after July 6 of the same calendar year.
(C)
Permit authority. The City Clerk may grant or deny the issuance of a permit for erection of a temporary safe and sane fireworks stand and the retail sales of safe and sane fireworks pursuant to the delegation of such authority by the city. If an applicant believes its application was improperly excluded from the pool of qualified and timely applications, the applicant may receive a hearing by the City Manager to appeal the denial of a permit, at which time the City Manager may reverse, modify, or sustain the denial.
(D)
Permit requirements. The following provisions apply to each of the nine permittees for the retail sale of safe and sane fireworks:
(1)
By August 1 of each year following the sales period authorized in subsection (B)(4) above, each applicant shall remit to the city an amount equal to 7% of gross receipts, as that term is defined in § 110.01 of this Code as a pro rata portion payment of the cost to the city of processing and issuing payments, inspection of fireworks stands, public education and awareness campaigns regarding fireworks, and fire operation and suppression efforts related to safe and sane fireworks;
(2)
Once issued, permits shall not be transferable, assignable or renewable. Any permit issued shall be valid only for the dates and location specified in the permit. Only one temporary safe and sane fireworks stand may be operated by each permittee;
(3)
The applicant must be insured for the minimum coverage amounts of $1,000,000/$1,000,000 for potential public liability and property damage in connection with the operation of the temporary safe and sane fireworks stand. The city must be named as an additional insured under the insurance policy;
(4)
Each permittee is required to obtain a City of Indio Special Events Business License;
(5)
Each permittee is required to obtain a State Board of Equalization Permit;
(6)
All permit requirements must be completed and returned to the City Clerk by 5:00 p.m. on June 1 of the calendar year for which the permit is sought;
(7)
Each organization must be issued a license from the State Fire Marshal pursuant to Cal. Health and Safety Code §§ 12500, et seq.;
(8)
Each organization must be a nonprofit association or corporation organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitable purposes;
(9)
Each organization must have its principal and permanent meeting place within the territorial limits of the city, must have been organized and established for a minimum of one year continuously preceding the filing of the application for the retail sales permit, and must have a bona fide membership of at least 20 members, the majority of whom reside in the city;
(10)
No permit issued or authorized to be issued by the provisions of this section shall be transferable; and
(11)
Failure to meet any of the requirements will result in revocation of the application permit.
(E)
Temporary safe and sane fireworks stand requirements. Each of the nine selected permittees must submit to the Fire Chief a plot plan approved by the owner of the property upon which the applicant will construct a temporary fireworks stand for the sale of safe and sane fireworks. The Fire Chief shall make an investigation of the proposed site to ensure compliance with the following:
(1)
The temporary fireworks stand erected for the retail sale of safe and sane fireworks must be constructed under the supervision of the City Building Department Inspector in such a manner as will reasonably ensure the safety of salespersons and patrons. An electrical permit must be obtained if a temporary power pole is required;
(2)
The temporary fireworks stand shall have at least two exits, each at least 30 inches in width, in locations to be approved by the Fire Chief. The stand shall be located at least 25 feet from any other structure or property line of adjoining land. Minimum setback from the public sidewalk shall be ten feet. No stand shall have a floor area in excess of 260 square feet;
(3)
At least two water base fire extinguishers shall be present in each temporary fireworks stand. The extinguishers shall be subject to inspection by the Fire Chief;
(4)
There shall be at least one adult present in the temporary fireworks stand who is 21 years of age or over during all hours of retail sales. No person under 18 years of age shall sell fireworks at such stand;
(5)
No smoking shall be allowed in the temporary fireworks stand nor within ten feet thereof. No alcoholic beverages shall be allowed on the premises;
(6)
All weeds and combustible material shall be cleared from the location of the temporary fireworks stand including a distance of at least 25 feet surrounding the stand;
(7)
Signs stating "NO SMOKING" and "NO SALES TO ANYONE UNDER SIXTEEN (16) YEARS OF AGE:" and all permits must be posted in a conspicuous place;
(8)
An alert night watchman, at least 21 years of age, must be provided by the permittee to guard the temporary fireworks stand during the hours of storage;
(9)
If a portable power generator is utilized, it shall be screened or otherwise isolated to prevent public access and shall be located a minimum of 25 feet from the temporary fireworks stand. No combustible material shall be stored/placed within 25 feet of the portable generator. A minimum 2A10BC extinguisher shall be on site;
(10)
Motor vehicles shall be parked or otherwise located a minimum of 25 feet from the temporary fireworks stand;
(11)
A safety handout in English and Spanish shall be provided with each purchase, and the handout shall also be posted on the temporary fireworks stand in a location visible to the public;
(12)
No dangerous fireworks or exempt fireworks shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand; and
(13)
No other merchandise, goods, or items of any kind shall be sold, offered for sale, distributed from, offered for distribution, given away, offered to be given away, displayed, or stored on any temporary fireworks stand.
(F)
Revocation: remedies. In addition to all other remedies set forth in this chapter, failure to remove the temporary fireworks stand in accordance with this chapter will result in the assessment of a penalty of $50 per day that the stand remains in place, or portion thereof. The Fire Chief may revoke the permit granted to any permittee that is operating a temporary fireworks stand in violation of the provisions of the permit, or of this chapter. Such permittee shall not be eligible for a new permit for a period of one year thereafter. The remedies and penalties prescribed by this section or which are available under any other provision of this code are cumulative and non-exclusive.
[Ord. 1787, 11-2-2022; Ord. 1799, 11-15-2023]
(A)
Except as otherwise provided by law, this chapter, or as part of a public display of fireworks permitted by the city under § 101.07 of this chapter, it is unlawful for any person to sell, offer to sell, give away, offer to give away, distribute, offer to distribute, possess, keep, store, discharge or use dangerous fireworks within the city, or to permit another person offer to sell, give away, offer to give away, distribute, offer to distribute, possess, keep, store, discharge or use dangerous fireworks within the city.
(B)
It is unlawful for any person to implicitly or expressly, directly or indirectly, permit, allow, or consent to the discharge or use of dangerous fireworks on property within the city that is owned, leased, rented, or otherwise lawfully possessed by such person.
(C)
Any enforcement official of the city shall have the authority to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this section.
[Ord. 1787, 11-2-2022]
Notwithstanding any other provision of this chapter, dangerous fireworks may be lawfully possessed and used for public display within the city, only in accordance with Cal. Health and Safety Code §§ 12575 through 12577 and the Fire Code Chapter 56 (as presently adopted or further amended from time to time), and upon compliance with all applicable requirements of the State Fire Marshal and state statutes and regulations, upon a permit issued written authorization by the Fire Chief.
[Ord. 1787, 11-2-2022]
(A)
A permit is required to manufacture, compound, store, discharge or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief pursuant to rules and regulations adopted by the Fire Chief. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator.
(B)
It is unlawful for any person to manufacture, compound, store, discharge or use pyrotechnic special effects material, a pyrotechnic device or pyrotechnic production effect unless such person is in possession of a valid pyrotechnic operator's license issued by the office of the State Fire Marshal, a valid permit issued by the Fire Chief, and has paid the fees established by the City Council.
[Ord. 1787, 11-2-2022]
It is unlawful for any person to manufacture any fireworks, including any dangerous fireworks, exempt fireworks, or safe and sane fireworks, within the city, except pursuant to a permit obtained under the provisions of §§ 12640 to 12654 of the Cal. Health and Safety Code, as presently adopted or further amended from time to time, the Fire Code adopted by the city, and this chapter, and any other state or local regulations issued by the Fire Chief.
[Ord. 1787, 11-2-2022]
It is unlawful for any person to sell, offer to sell, expose for sale, display, distribute, offer to distribute, give away, or offer to give away, any fireworks, including any dangerous fireworks, exempt fireworks, safe and sane fireworks, or any fireworks kit of any classification or type, within the city to any person under the age of 18 years.
[Ord. 1787, 11-2-2022]
No property owner or person in control of property shall allow, cause, create, maintain, suffer, or permit a person to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, or transport any fireworks, dangerous fireworks, or safe and sane fireworks on the property owned by such a person or under such person's control except for use as agricultural and wildlife fireworks, or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Health and Safety Code §§ 12640 through 12654 and this section. Any such person shall be in violation of this section, regardless of such person's intent, knowledge or negligence, such violation being hereby expressly declared a strict liability offense.
[Ord. 1787, 11-2-2022]
(A)
Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.
(B)
This chapter does not forbid or control acts or matters expressly allowed, permitted, or licensed under state law; nor does it allow acts or matters more strictly forbidden or controlled by state law or by local fire regulations.
[Ord. 1787, 11-2-2022]
The Fire Chief may suspend or revoke any permit upon proof that the permittee, or any of its officers, officials, employees, agents or members, has violated any of the provisions of this chapter relating to fireworks. The revocation of a permit may be appealed to the hearing officer in writing within 15 days of the date the notice was issued. Upon failure to file such notice within the 15-day period, the action of the Fire Chief shall be final and conclusive.
[Ord. 1787, 11-2-2022]
The Fire Chief and his or her authorized representatives are authorized to establish reasonable rules, regulations and procedures to implement this chapter, including but not limited to the issuance of the permits authorized pursuant to this chapter.
[Ord. 1787, 11-2-2022]
(A)
It shall be the duty of the Fire Chief and his or her authorized representatives and the police chief and his or her authorized representatives to enforce the provisions of this chapter.
(B)
The Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, exempt fireworks, safe and sane fireworks, and fireworks kits of any classification or type. The Fire Chief and his or her authorized representatives and the Police Chief and his or her authorized representatives may charge any person whose fireworks or fireworks kits are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks or fireworks kits.
[Ord. 1787, 11-2-2022]
(A)
All companies licensed with the CAL FIRE-Office of the State Fire Marshal as a importers, exporters and wholesale are required to pay in addition to the annual license fee an annual dangerous fireworks disposal fee as prescribed section 981.3 of Article 3, Chapter 6, Division 1 of Title 19 of the Cal. Code of Regulations.
(B)
All temporary safe and sane fireworks stands are required to pay at the time application a dangerous fireworks disposal fee in addition to the application fee as prescribed Section 981.3.
[Ord. 1787, 11-2-2022]
(A)
Criminal misdemeanor penalty. Any person who causes, permits, aids, abets, suffers or conceals a violation any provision of this chapter is guilty of a misdemeanor in accordance with §§ 10.98 and 10.99 of this code, except that upon conviction shall be punished by a fine of not more than $1,000 or by imprisonment in the city or county jail not exceeding six months, or by both such fine and imprisonment.
(B)
Nuisance; civil remedies available. In addition to other penalties provided by law, any violation of any provision of this chapter or any state law enforceable by the city shall constitute a public nuisance and may be abated by the city through civil process by means of a restraining order, preliminary injunction, or any other manner provided by this code or state law for abatement of nuisances. Each day such condition continues shall constitute a new and separate offense in accordance with § 10.11 of this code.
(C)
Administrative citation.
(1)
General. In addition to any other penalties provided by law, whenever the enforcement official, as that term is defined in § 12.08, determines that a violation of this chapter has occurred, the enforcement official shall have the authority to issue an administrative citation with administrative civil penalties to any responsible person, as that term is defined in § 101.02, pursuant to the procedures set forth in Chapter 12 (Enforcement of Code) of Title 1 (General Provisions). Use of the administrative citation procedure in Chapter 12 with respect to violations of this chapter shall be at the sole discretion of the city.
(2)
Dangerous fireworks. Administrative fines and penalties collected pursuant this section related to dangerous fireworks shall not be subject to Cal. Health and Safety Code § 12706, and shall be allocated in compliance with Cal. Health and Safety Code § 12557, which requires the city to reimburse the State Fire Marshal for the costs associated with the disposal of seized dangerous fireworks.
(3)
Civil penalty amounts. The amount of the administrative civil penalties imposed for administrative citations issued for violations of this chapter shall be established by resolution of the City Council. Different administrative civil penalties may be established for violations of this chapter involving safe and sane fireworks, exempt fireworks or dangerous fireworks.
(D)
Separate offenses. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.
(E)
No limitation under state law. Nothing in this chapter limits any of the penalties provided in the Cal. Health and Safety Code or Cal. Penal Code with regard to the unlawful transportation, use, discharge, possession, storage or sale of fireworks.
(F)
Remedies cumulative. The remedies and penalties prescribed by this section or which are available under any other provision of this chapter are cumulative and non-exclusive. The use of one or more remedies by the city shall not bar the use of any other remedy set forth in this chapter or code for the purpose of enforcing the provisions of this chapter.