The following words and phrases, as used in this chapter, are defined as follows:
A. 
"Affiliated organizations,"
for purposes of this chapter, shall be the following:
1. 
Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter;
2. 
Organizations sharing the same officers and/or place of meetings and/or national parent organization;
3. 
Subdivisions and/or fractional divisions, however named or delineated, of organizations;
4. 
Suborganizations, one of whose primary purposes is to provide financial and/or manpower support to a parent nonprofit organization.
However, different organizations affiliated with and officially recognized by any elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or any public or private community college, college and/or university located within the boundaries of the city shall not be presumed to be affiliated organizations unless it can be shown that they serve the same interest area or concern (i.e., boosters of high school football and boosters of high school basketball would be presumed to be two different, nonaffiliated organizations).
B. 
"Agricultural and wildlife fireworks"
means fireworks designed or used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both, whenever such fireworks are so classified by the State Fire Marshal.
C. 
"Citation"
means an administrative citation issued pursuant to this chapter to remedy a violation.
D. 
"Citee"
means any person served with an administrative citation charging him or her as a responsible person for violation.
E. 
"City"
means the city of Lakeport.
F. 
"Code"
means the Lakeport Municipal Code.
G. 
"Code enforcement officer"
(CEO) means any employee or agent of the city designated by the city council to enforce any provision of this chapter.
H. 
"Dangerous fireworks"
shall mean dangerous fireworks as defined in Health and Safety Code Sections 12505 and 12561 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference.
I. 
"Director"
means the city manager or his or her designee.
J. 
"Fireworks stand"
means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of safe and sane fireworks.
K. 
"Hearing officer"
means the person appointed by the city manager to serve as the hearing officer for administrative hearings held pursuant to this chapter.
L. 
"Issuance" or "issued"
means any of the following:
1. 
The preparation and service of an administrative fine citation to a citee in the same manner as a summons in a civil action in accordance with Article III (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedures; or
2. 
Mailing of administrative fine citation to the citee, by certified mail with return receipt, to the address shown on the official records of the county assessor; or
3. 
By personally serving the responsible party by personal delivery of the administrative fine citation or by substituted service. Substituted service may be accomplished as follows:
a. 
By leaving a copy at the recipient's dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first class mail, postage prepaid, a copy to the recipient at the address where the copy was left; or
b. 
In the event the responsible party cannot be served by first class mail, postage prepaid, or cannot be personally served and has a property manager or rental agency overseeing the premises, substituted service may be made upon the property manager or rental agency or may be effected by posting the property with the administrative fine citation and mailing a copy by first class mail, postage prepaid, to the responsible party in violation at the address of the property where the violation exists.
M. 
"Nonprofit organization"
means any nonprofit association, charity or corporation organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes which has been recognized as tax-exempt by the Internal Revenue Service or the Franchise Tax Board, or a group which is an integral part of a recognized national organization having such tax-exempt status, or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or a public and/or private community college, college and/or university which is located within the boundaries of the city.
N. 
"Person"
means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.
O. 
"Principal and permanent meeting place"
includes, but is not limited to, a permanent structure, playing field, geographic area or service population which resides in or is located within the city.
P. 
"Public display of fireworks"
means an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks, including but not limited to those defined in this section.
Q. 
"Qualified applicants"
means any group or organization which has met all of the following criteria for a continuous period of not less than one full year preceding submittal of an application for a permit to sell pursuant to this chapter and which continues to meet the criteria for the duration of any permit to sell issued by the city pursuant to this chapter:
1. 
The organization shall be a nonprofit organization pursuant to Internal Revenue Code Section 501(c)3, 4, 6, 7, 8, 10, 19, 23, or 26, Section 501(d), or Section 501(e); or a group which is an integral part of a recognized national organization having such tax-exempt status or an organization affiliated with and officially recognized by an elementary, junior high and/or high school and/or school district that serves, in whole or in part, the residents of the city or a public and/or private community college, college and/or university which is located within the boundaries of the city;
2. 
The organization shall be organized primarily for veterans, patriotic, welfare, civic betterment, educational, youth development or charitable purposes;
3. 
The organization must have its principal and permanent meeting place within the city;
4. 
The organization must be one which provides direct and regular community services and benefits to the residents of the city;
5. 
The organization has a minimum bona fide membership of at least twenty members who either reside in the city, are employed in the city, or are owners or operators of a business or other establishment located in the city;
6. 
The organization has not been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law relating to fireworks within twenty-four calendar months prior to the organization's submittal of an application for a permit to sell;
7. 
The organization has not had a permit to sell revoked for cause pursuant to this chapter.
R. 
"Safe and sane fireworks"
(a.k.a. "state-approved fireworks") means safe and sane fireworks as set forth in Health and Safety Code Sections 12529 and 12562 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference.
S. 
"Responsible person"
means 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 agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county's latest equalized property taxes assessment rolls, and a lessee of a residential parcel has notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. 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 chapter. 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.
T. 
"Violation" or "violates"
means any violation of any provision of this chapter.
U. 
"Fireworks wholesaler"
has the same meaning as in Health and Safety Code Section 12533 and the relevant sections of Title 19, Code of Regulations, Subchapter 6, which are hereby incorporated by reference. (Measure C §2(part), 2009)
Except as otherwise provided in this chapter, no person shall possess, sell, use, display or explode any dangerous fireworks including, but not limited to, any rocket, firecracker, roman candle, squib, torpedo, wire core sparkler, wooden core sparkler, black cartridge, aerial shell or other combustible device or explosive substance or any kind of fireworks, by whatsoever name known, or any altered safe and sane fireworks within the city. (Measure C §2(part), 2009)
It shall be unlawful to cause, allow, permit, aid, abet, or suffer any discharge of dangerous fireworks (including a public display) or any use of special effects without having first obtained a permit from the city manager.
The city manager shall have authority to adopt reasonable rules and regulations for the granting of permits for those activities contained in Section 12640 of the California Health and Safety Code, including supervised public displays of fireworks by a jurisdiction, fair association, amusement park, other organization, or for the use of fireworks by artisans in pursuit of their trade. Each such use or display shall be handled by a licensed pyrotechnic operator (as defined by Section 12527 of the California Health and Safety Code) in accordance with a city-issued permit, and shall be of such character and so located, discharged or fired as in the opinion of the city manager or his or her designee, after proper investigation, will not be hazardous or endanger any person.
Every application for a permit to conduct a public display of fireworks shall be accompanied by a nonrefundable fee as established by resolution of the city council. This fee shall be in addition to any fee or tax imposed by the city council. Every applicant shall agree to hold the city, its officers and employees harmless from any and all claims for damages or other costs arising out of the activity authorized by the permit. (Measure C §2(part), 2009)
Any person, firm or corporation applying for a public display permit shall furnish to the city manager proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by such public display of fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors presenting such public display.
No permit shall be issued until the permittee furnishes the city manager with a certificate of insurance for each policy required, executed by the company issuing said policy and approved as to form by the city attorney. Such policies shall contain a provision which includes the city of Lakeport as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such insurance policies shall contain an endorsement that the company issuing such policy or policies will not allow the same to be canceled without serving, by first class mail, thirty days' notice of cancellation upon the city clerk for the city. Notwithstanding any other provision of this chapter, the failure of the permittee to carry such policy or policies in force and to properly renew said insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of the full amount of the permit fee required by this chapter shall be made to the city before any such revoked permit may be reinstated. (Measure C §2(part), 2009)
The decision of the city manager or the city manager's designated representative in acting on an application for a permit to conduct a public display of fireworks in accordance with the provisions of this chapter shall be subject to an appeal by the applicant to the city council. Notice of such appeal shall be filed with the city council within ten days after the date of the decision regarding such fireworks permit. Upon failure to file such notice within the ten-day period, the action of the city manager or the city manager's designated representative shall be final and conclusive. (Measure C §2(part), 2009)
It shall not be unlawful to possess, sell, use, display or discharge, within the city, those fireworks that are defined and classified as "safe and sane fireworks" (a.k.a. "state-approved fireworks") in the California State Fireworks Law (Sections 12500, et seq., of the Health and Safety Code and the relevant sections of Title 19, Code of Regulations, Subchapter 6) as set forth in this chapter. (Measure C §2(part), 2009)
A. 
No nonprofit organization shall submit more than one application for a permit to sell safe and sane fireworks within the city. If more than one application is submitted on behalf of any nonprofit organization, including an affiliated organization, all such requests shall be voidable at the discretion of the city manager. If a question arises as to whether organizations and/or groups are affiliated, the city council shall have ultimate authority to decide said question. Any attempt to transfer an application shall void any and all applications filed by or on behalf of both the transferor nonprofit organization and the transferee nonprofit organization.
B. 
Timing.
1. 
All applications for permits to sell safe and sane fireworks shall be in writing to the city clerk on forms supplied by the city. Applications may be filed beginning March 1st of each year up to and including March 31st of the same year, at which time the filing period for that year will be closed.
2. 
Applicants for such permits shall be notified by April 15th of each calendar year by the city manager of the approval or disapproval of such application for such permit. All organizations whose permits have been approved shall have up to and including June 1st of that year to pick up such permit.
C. 
Contents of Application.
1. 
Every application shall set forth the name of the nonprofit organization, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period safe and sane fireworks are sold, displayed or stored.
2. 
The application shall be made in triplicate. The original of the application shall be retained by the city clerk, one copy shall be transmitted to the fire chief and one copy shall be sent to the city building department. (Measure C §2(part), 2009)
A. 
The city manager shall issue the permit to sell safe and sane fireworks unless any of the following apply:
1. 
The city manager finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this chapter;
2. 
The city manager finds, in writing, that the applicant is not in compliance with any of the requirements of this chapter;
3. 
The city manager finds, in writing, that the applicant falls within the provisions of Section 5.30.170(C);
4. 
The city manager determines that the number of qualified applicants exceeds the number of permissible permits under Section 5.30.100(B); or
5. 
If the governor of the state of California declares a state of emergency for the city of Lakeport or county of Lake related to imminent threat of devastating wildfires and a related imminent peril to people and property, the city council may, by unanimous vote, suspend the sale and use of safe and sane fireworks for the calendar year in which the governor declares the state of emergency.
B. 
The city manager must advise, in writing, all qualified applicants of its determination no later than April 15th as well as advise them of the procedures that the city must follow.
C. 
Any denial of a permit pursuant to this section may be appealed to the city council. Upon notice of appeal from an applicant, the city manager shall provide the city council with the name of the applicant and a brief statement of the grounds for denial of issuance of the permit. The city council shall consider the appeal at its next regularly scheduled meeting. (Measure C §2(part), 2009)
A. 
All organizations whose permits have been approved shall not be issued a permit unless all of the following are submitted to the city clerk by June 1st:
1. 
The location of the fireworks stand; written permission from the owner of record, lessor of record or the property manager of the property (whichever is controlling) upon which said proposed stand will be located; and the zoning of the real property on which the fireworks stand is to be located, which zoning classification shall be obtained from the planning department for the city.
2. 
A copy of the requisite state retail sales permit from the office of the California State Fire Marshal.
3. 
A certificate evidencing an occurrence-based policy of insurance naming the city of Lakeport as an additional insured thereunder, with the following minimum limits: one million dollars public liability and property damage; and general aggregate coverage of two million dollars.
4. 
A copy of a temporary sales tax permit issued by the California State Board of Equalization.
B. 
The maximum number of permits which may be issued and the maximum number of safe and sane fireworks stands that will be permitted pursuant to this chapter during any one calendar year shall not exceed four. If the number of qualified applicants exceeds the number of permissible permits under this section, the city shall select the nonprofit organizations to whom permits shall be issued by the following method:
1. 
Notwithstanding Section 5.30.010(Q), preference shall be given to any nonprofit organization that was issued a permit to sell safe and sane fireworks in the city in 2007 so long as such nonprofit organization continuously applies for and is issued a permit from year to year, beginning with the effective date of the ordinance codified in this chapter.
2. 
In the event that any permits are available after issuing permits pursuant to subsection (B)(1) of this section, the city manager or his or her designee shall conduct a drawing in which qualified applicants shall be randomly selected to receive any available permits.
C. 
The continued validity of any city permit issued pursuant to this chapter shall be subject to the requirement that at least one or more representatives of each nonprofit organization, preferably those responsible adults listed on the permit application, shall attend a safe and sane fireworks stand operator safety seminar conducted by the fire department and the licensed fireworks wholesaler that is supplying the safe and sane fireworks to the nonprofit organization. The failure of a nonprofit organization to have a responsible individual(s) attend the safety seminar shall result in the revocation of its permit to sell safe and sane fireworks.
D. 
Permits issued pursuant to this section are valid only during the calendar year issued. (Measure C §2(part), 2009)
If the deadline for submitting any type of application, payment of any administrative fine, filing of a notice of appeal, etc., called for within this chapter falls on a day City Hall is closed, the deadline shall automatically be extended to the close of business of the next day City Hall is open. (Measure C §2(part), 2009)
A. 
No person shall knowingly sell fireworks to any person under the age of eighteen. Proof that the fireworks stand operator/organization demanded, was shown and acted in reliance upon bona fide evidence of age and identity in any sale of fireworks forbidden by this chapter shall be a defense for any proceedings for suspension or revocation of its safe and sane fireworks permit or any criminal proceedings for violations of this chapter. For purposes of this section, bona fide evidence of age and identity of purchaser is a document issued by a federal, state, county or municipal government which contains a photograph of the purchaser including, but not limited to, a valid California driver's license or identification card issued to a member of the Armed Forces.
B. 
The sale of safe and sane fireworks shall begin no earlier than nine a.m. on July 1st and shall not continue after nine p.m. on July 4th of the same year. Sale of fireworks shall be permitted only from nine a.m. to nine p.m., daily, on July 1st through July 4th.
C. 
No person other than the permitted nonprofit organization(s) shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
D. 
No person other than the individuals who are members of the permittee or the spouses, parents or adult children of such members shall sell or otherwise participate in the sale of safe and sane fireworks at such stand.
E. 
No person under the age of eighteen shall sell or participate in the sale of safe and sane fireworks within such stand.
F. 
No person shall be paid any consideration by the permittee nonprofit organization(s) or any wholesaler/distributor of safe and sane fireworks for selling or otherwise participating in the sale of safe and sane fireworks at such stand; provided, however, that compensation may be paid for licensed security personnel during sale or nonsale hours and to the party authorizing the location of the stand on its property. (Measure C §2(part), 2009)
All retail sales of safe and sane fireworks shall be permitted from within a temporary fireworks stand, and retail sales from any other building or structure are hereby prohibited. Temporary stands shall be subject to the following provisions:
A. 
No fireworks stand shall be located within twenty-five feet of any other building or within one hundred feet of any gasoline pump or distribution point.
B. 
Fireworks stands need not comply with the provisions of the building code of the city; provided, however, that all stands shall be constructed in a manner which will reasonably ensure the safety of attendants and patrons; and provided further, that any electrical installation shall comply with all applicable codes.
C. 
No stand shall have a floor area in excess of seven hundred fifty square feet.
D. 
Each stand shall have at least two exits. Each stand in excess of forty feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between the exits exceed thirty-two feet. Exit doors shall be not less than twenty-four inches wide and six feet in height and shall swing in the direction of exit travel.
E. 
Each stand shall be provided with two two-and-one-half-gallon water type (minimum rating 2A) or soda-and-acid fire extinguishers, in good working order and easily accessible for use in case of fire. (Measure C §2(part), 2009)
A. 
All weeds and combustible materials shall be cleared from the location of the fireworks stand to a distance of at least twenty-five feet surrounding the fireworks stand. All trash resulting from the operation of the fireworks stand must be removed on a daily basis.
B. 
"NO SMOKING" signs shall be prominently displayed on and in the safe and sane fireworks stand.
C. 
Each safe and sane fireworks stand must have an adult in attendance and in charge thereof while fireworks are on sale or stored therein. Sleeping or remaining in the stand after close of business each day is prohibited. On closing of the safe and sane fireworks stand each day, all fireworks must be removed from the premises and taken to a secured location operated by the fireworks wholesaler.
D. 
All unsold stock of fireworks in the hands of the permittee after ten p.m. on July 8th shall be returned to the wholesaler/distributor and removed from the city within five days. On closing of the safe and sane fireworks stand, all litter shall be removed from the premises.
E. 
No fuel-powered generator or similar equipment shall be allowed within fifty feet of a safe and sane fireworks stand.
F. 
Each safe and sane fireworks stand must post its city permit to sell safe and sane fireworks, its temporary sales tax permit from the California State Board of Equalization, its State Fire Marshal retail sales permit, and proof of their required insurance in a prominent place inside the safe and sane fireworks stand.
G. 
No person shall smoke within twenty-five feet of the safe and sane fireworks stand. No person shall light, cause to be lighted or permit to be lighted any safe and sane fireworks or combustible material within fifty feet of any safe and sane fireworks stand. (Measure C §2(part), 2009)
A. 
All nonprofit retail booth locations shall assess a surcharge on all retail sales of state-approved fireworks that occur in the city.
B. 
The assessment is intended to raise funds for the city to pay for the costs of administering this chapter, including but not limited to: increased police and fire protection; processing and issuing permits; inspections of stands; public education and awareness campaign; enforcement, including additional personnel time; cleanup of the trash and debris left behind each year; and other costs in connection with the city's Fourth of July celebration.
C. 
The assessment shall be five percent of the gross sales of the fireworks sold in the city that year. Payment of the assessment by each nonprofit retail booth operator shall be due to the city clerk by August 15th of each year. (Measure C §2(part), 2009)
A. 
The city manager or the city manager's designee may revoke, immediately and without notice or hearing, the permit of any permittee who violates any of the following provisions: Section 5.30.130(A), (B) or (E) or Section 5.30.150(C). If the revocation occurs between June 22nd and July 5th, the city manager shall inform the permittee that the permittee may seek review of the city manager's decision by the city council at the next regular meeting by submitting a notice of appeal to the city clerk within five business days of receiving the notice of revocation. At the earliest opportunity on the next business day after the revocation, the city manager shall provide the city council with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. If the revocation occurs before or after the specified period, the appeal procedures of subsection (B) of this section shall apply.
B. 
The city manager, or the city manager's designee, may revoke the permit of any permittee who violates any provision of this chapter not specified in subsection (A) of this section. Such revocation shall not take effect for five days, during which time the permittee may appeal the city manager's decision by submitting a written request to the city clerk for review of the revocation by the city council. The city manager shall provide the city council with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. The city council shall consider the appeal of revocation at its next regular meeting.
C. 
Any permittee whose permit has been revoked pursuant to subsection (A) or (B) of this section shall be barred from receiving a permit under this chapter for up to five years from the date of revocation. (Measure C §2(part), 2009)
A. 
It shall be unlawful to discharge any safe and sane fireworks except during the hours of nine a.m. to ten p.m. on July 1st through July 4th, or during the hours of nine a.m. to eleven p.m. on day of the city's Fourth of July public display of fireworks.
B. 
It shall be unlawful for any person to ignite, discharge, project or otherwise fire or use any safe and sane fireworks, or permit the ignition, discharge or projection thereof, upon or over or onto the property of another without his/her consent, or to ignite, discharge, project or otherwise fire or make use of any safe and sane fireworks within ten feet of any residence, dwelling or other structure used as a place of habitation by human beings. (Measure C §2(part), 2009)
It shall be unlawful for any person having the care, custody or control of a minor (under eighteen years) to permit such minor to discharge, explode, fire or set off any dangerous fireworks, at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under the direct supervision of a person over eighteen years of age and during the hours and on the days permitted by this chapter. (Measure C §2(part), 2009)
The fire chief, or the fire chief's designee, may seize, take, remove or cause to be removed, at the expense of the permittee or licensed fireworks wholesaler, whichever is applicable, all stock of fireworks offered or exposed for sale, stored or held in violation of this chapter when such violation creates an imminent threat to public health or safety. (Measure C §2(part), 2009)
Each fireworks distributor/wholesaler who is supplying one or more of the nonprofit organizations who are permittees under this chapter shall annually submit a public education plan to the city by no later than five p.m. on June 1st. Said public education plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the city. Said public education plan should include, but is not limited to, samples of all the materials and the extent of distribution of all of the safety and education materials discussed in that wholesaler's/distributor's plan. (Measure C §2(part), 2009)
A. 
On or before May 1st of every year, both the city's police and fire departments must present to the city council an operation plan for the thirty-day period surrounding the 4th of July (June 17th through July 16th) for that year. Said operation plan should include, but not be limited to, the following information:
1. 
Identification of areas within the city where illegal fireworks were a problem in the previous year;
2. 
A detailed explanation of the deployment of fire and law enforcement personnel to deal with those troublesome areas as well as with the balance of the city;
3. 
A report on the apparatus and personnel who will be on duty for the period of June 17th through July 16th of that year, and more particularly, on the 1st through the 5th of July, inclusive;
4. 
Recommendations on and discussion of what, if any, dedicated illegal fireworks enforcement patrols there should be for that year and all other relevant information and statistics deemed necessary by the city council.
B. 
By no later than September 1st of that same year, both police and fire departments must report back to the city council with an after-action report. That report should include, but is not limited to:
1. 
An evaluation of the success or failure of that department's operation plan for that year including a listing of any significant fireworks-related incidents, both dangerous fireworks and safe and sane fireworks;
2. 
Relevant incident statistics for the period of June 17th through July 16th, arrest and citation statistics for all crimes, but more particularly for the possession, sale and/or use of dangerous fireworks, altered safe and sane fireworks and misuse of safe and sane fireworks outside the strict limitations of this chapter;
3. 
A report on how many calls there were regarding suspected dangerous fireworks, how many of those calls either of the departments responded to, how many of those calls resulted in seizures and/or administrative fine citations, the status of payment of those administrative fines, and how many fireworks seizures resulted in no citations, and if so, why. (Measure C §2(part), 2009)
It shall be unlawful for any person to possess, sell, furnish, or give away, or offer or expose for sale, or fire, discharge, or explode, any agricultural and wildlife fireworks in the city without first obtaining a permit from the city manager.
The permit shall not be transferable, and shall particularly describe the place where agricultural and wildlife fireworks are to be stored, sold, or discharged. Such permit shall be for such length of time as the city manager shall determine, but in any event not to exceed twelve months. (Measure C §2(part), 2009)
The sale, purchase, storage, firing or discharge of model rockets may be allowed by written permit from the city manager which shall include, but not be limited to, the conditions contained in Title 19 of the California State Administrative Code and any other conditions which the city manager may deem to be reasonably necessary for the safety and welfare of the public and the community. (Measure C §2(part), 2009)
A. 
Purpose.
1. 
This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with the provisions of this chapter for the benefit and protection of the entire community. This section governs the imposition, enforcement, collection and administrative review of all administrative fines related to: the possession, use, storage, sale and/or display of those fireworks classified as dangerous fireworks in California Health and Safety Code Section 12500 et seq., with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks as defined in California Health and Safety Code Section 12500 et seq. on or at dates, times and/or locations other than those permitted by this chapter. Said administrative fines are imposed under authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the police power of the city.
2. 
The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the city authorized hereunder, and the issuance of a citation to any person constitutes but one remedy of the city to redress violations of this code by any person. By adopting this chapter, the city does not intend to limit its authority to employ any other remedy, civil or criminal, to redress any violation of this code by any person which this city may otherwise pursue.
3. 
The imposition of fines related to dangerous fireworks under this chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, less than twenty-five pounds (gross weight) of such dangerous fireworks.
4. 
Fines collected pursuant to this chapter related to dangerous fireworks shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with, and disbursed by, the county treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous fireworks seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust two hundred fifty dollars or twenty-five percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the dangerous fireworks.
5. 
Because of the serious threat of fire or injury posed by the use of dangerous fireworks that can result from persistent or repeated failures to comply with the provisions of this code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this chapter imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
6. 
At least fifty percent of the fines collected pursuant to this chapter must be placed in a segregated fund entitled "Lakeport illegal fireworks enforcement fund." The sole and exclusive purpose of this fund is to pay for increased fire and police deployment, protection and investigation of and against illegal fireworks in the city for the thirty-day period surrounding the 4th of July (June 17th through July 16th).
B. 
Issuance of Administrative Citation–Contents.
1. 
Whenever a code enforcement officer (CEO) determines that a violation of the code has occurred, the CEO may issue an administrative citation on a city-approved form listing the code violation(s) and the amount of the administrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.
2. 
Each administrative citation shall contain the following information:
a. 
The name, mailing address, date of birth, CDL number, and home or business telephone number of the responsible person charged with any violation of this code;
b. 
The address or description of the location of the violation;
c. 
The date or dates on which the person violated this code;
d. 
The section or sections of this code that were violated;
e. 
A description of the violation(s);
f. 
The amount of the administrative fine for each violation, the procedure in place to pay the fines, and any late fee and interest charge(s), if not timely paid, and notice that if the city is required to take action to collect such fines, the responsible person may be charged costs and attorney's fees;
g. 
Notice of the procedure to request an administrative hearing to contest the citation (including the form to be used, how to obtain the form, and the period within which the request must be made in order for it to be considered timely);
h. 
The name and signature of the CEO who issued the citation and the name and signature of the citee, if he or she is physically present and will sign the citation at the time of its issuance. The refusal of a citee to sign a citation shall not affect its validity or any related subsequent proceedings, nor shall signing a citation constitute an admission that a person is responsible for a violation of the code;
i. 
Any other information deemed necessary by the director for enforcement or collection purposes.
C. 
Administrative Fines.
1. 
Each person who violates any provision of this code as it relates to the possession, use, storage, sale and/or display of dangerous fireworks shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offenses in 1-Year Period
Amount of Administrative Penalty
Late Charge
Total Amount of Penalty plus Late Charge
First
$1,000
$250
$1,250
Second
$3,000
$500
$3,500
Third
$5,000
$1,000
$6,000
2. 
Each person who uses safe and sane fireworks on or at dates, times and/or locations other than those permitted by this chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of Offenses in 1-Year Period
Amount of Administrative Penalty
Late Charge
Total Amount of Penalty plus Late Charge
First
$250
$75
$325
Second
$500
$150
$650
Third
$750
$300
$1,050
3. 
In the case of a violation of any of the provisions listed above, the administrative fine(s) shall be due and payable within thirty calendar days from the issuance of the administrative fine citation, and the citee shall be required to abate the violation and surrender all dangerous fireworks to the CEO immediately. For penalties not paid in full within that time, a late charge in the amount set forth above is hereby imposed and must be paid to the city by the citee. Fines not paid within the time established by this section shall accrue interest at the prevailing established rate. On the second and each subsequent time that a person is issued a citation for the same violation in any twelve-month period, the fine is increased as indicated above and the citee shall be liable for the amount of the new fine until it is paid, in addition to being responsible for payment of previous fines.
4. 
All administrative fines and any late charges and interest due shall be paid to the city at such a location or address as stated on the citation, or as may otherwise be designated by the city manager. Payment of any fine or fines shall not excuse the citee from complying with the provision of the code so violated. The issuance of the citation and/or payment of any fine shall not bar the city from employing any other enforcement action or remedy to obtain compliance with the provisions of the code so violated including the issuance of additional citations and/or criminal prosecution.
5. 
Upon confirmation of the citation or when the citation is deemed confirmed, all unpaid administrative fines, late fees and/or interest shall constitute a judgment which may be collected in any manner allowed by law for collection of judgments including but not limited to recordation to create a lien on any real property owned by the responsible person. The city shall be entitled to recover its attorney's fees and costs incurred in collecting any administrative fines, late charges and/or interest.
6. 
Payment of the administrative fine shall not excuse or discharge a citee from the duty to immediately abate and correct a violation of this chapter, nor from any other responsibility or legal consequences for a continuation or a repeated occurrence(s) of a violation of this chapter.
D. 
Right to an Administrative Hearing.
1. 
Any citee may contest the violation(s), or that he or she is a responsible person, by filing a request for an administrative hearing on a city-approved form with the city clerk within thirty calendar days from the issuance date of a citation. If the city clerk does not receive the request in the required time period, the citee shall have waived a right to a hearing and the citation shall be deemed confirmed and final.
2. 
No fees shall be charged for the filing of a request for a hearing.
3. 
Citees must deposit the full amount of the penalty listed on the citation on or before the request for a hearing is filed. Failure to deposit the full amount of all penalties within the required time period, or the tender of a nonnegotiable check, shall render a request for an administrative hearing incomplete and untimely. Penalties that are deposited with the city shall not accrue interest. Penalties deposited shall be returned to the person who deposited them if the citation is overturned.
4. 
A request for a hearing shall contain the following:
a. 
The citation number;
b. 
The name, address, telephone number and any facsimile numbers and e-mail addresses of each person contesting the citation;
c. 
A statement of the reason(s) why a citation is being contested;
d. 
The date and signature of the citee(s).
5. 
The city will notify all persons who filed a request for a hearing in writing by first class mail of the date, time and place set for the hearing at least ten calendar days prior to the date of the hearing. Service of this notice is deemed complete at time of mailing. The failure of a citee to receive a properly addressed notice shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.
6. 
The hearing will be conducted within sixty days of the date a timely and complete request is received by the city clerk.
7. 
If the CEO submits an additional written report concerning the citation to the city for consideration at the hearing, the CEO shall also serve a copy of such report by first class mail on the person requesting an administrative hearing no less than seven calendar days prior to the date of the hearing. Failure to receive said report shall not invalidate the citation or any hearing, city action or proceeding pursuant to this chapter.
E. 
Administrative Hearing–Procedures.
1. 
The hearing officer designated or appointed by the city manager shall hear all requests for administrative hearings of administrative fines in accordance with the procedures established herein.
2. 
Administrative hearings are informal, and formal rules of evidence and discovery do not apply. The city bears the burden of proof to establish a violation and responsibility therefor by a preponderance of evidence. The citation is prima facie evidence of the violation, however, and the CEO who issued the citation is not required to attend or participate at the hearing. The citee(s) and CEO, if present, shall have an opportunity to present evidence and witnesses and to cross-examine witnesses. A citee may bring an interpreter to the hearing provided there is no expense to the city. The hearing officer may question any person who presents evidence or who testifies at any hearing.
3. 
A citee may appear at the hearing in person or by written declaration executed under penalty of perjury. Said declaration and any documents in support thereof shall be tendered to and received by the city at least seven business days prior to the hearing. If the citee fails to attend or does not submit a written declaration in a timely manner, he or she shall be deemed to have waived the right to a hearing. In such an instance, the hearing officer shall cancel the hearing and not render a decision. In such instances, the citation shall be deemed confirmed.
4. 
Hearings may be continued once at the request of a citee or the officer who issued the citation. The hearing officer may also continue the hearing for cause.
F. 
Hearing Decision–Right of Appeal.
1. 
After considering all the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or overturn the citation and shall state the reasons therefor.
2. 
The hearing officer shall serve citee(s) by first class mail with a copy of the written decision. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a citee to receive a properly addressed decision shall not invalidate any hearing, city action or proceeding conducted pursuant to this chapter.
3. 
Decisions of the hearing officer may be appealed to the city council within thirty days after the date of their service. Each decision shall contain a statement advising the citee of this appeal right and the procedure for its exercise. A citee shall file a notice of appeal with the city within twenty calendar days after the date of service of the hearing officer's decision.
4. 
If a hearing officer's decision is not appealed in a timely manner, the decision shall be deemed confirmed.
5. 
The city council is the sole reviewing authority and an appeal from a hearing officer's decision is not appealable to the superior court. If a responsible person prevails on appeal, the city shall reimburse his or her fine deposit within thirty calendar days of the city council's decision on the appeal. (Measure C §2(part), 2009)
This chapter shall not be repealed or amended except by a vote of the people of the city of Lakeport. (Measure C §2(part), 2009)
Any provisions of the Lakeport Municipal Code in conflict herewith are hereby repealed. This chapter supersedes any conflicting provisions of the Uniform Fire Code, International Fire Code, and the Uniform Building Code. (Measure C §2(part), 2009)
If any section, subsection, sentence, clause or phrase of this chapter that is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The people of the city of Lakeport hereby declare that they would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (Measure C §2(part), 2009)