§ 8.06.030. Sale, Transfer, Possession and Use of Fireworks—Prohibited.

A.

Prohibitions.

1.

It is unlawful for any person at any time to sell, or advertise for sale, any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.

2.

It is unlawful for any person to at any time to transfer to another any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.

3.

It is unlawful for any person at any time to possess any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.

4.

It is unlawful for any person at any time to use or cause to be detonated any firework or pyrotechnical device as defined under state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.

5.

Any person found in violation of any provision of Section 8.06.030, and sixteen (16) years of age or older may be issued a citation in accordance with the provisions of this section.

6.

In addition to the actions authorized pursuant to the above, 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 section.

7.

Any person in violation of the provisions of Section 8.06.030, involving any firework or pyrotechnical device designated as "Dangerous fireworks" within California Health and Safety Code Section 12505, or involving any fireworks designated "Exempt fireworks" within California Health and Safety Code Section 12508 shall be subject to a fine of no less three hundred and fifty dollars ($350.00) and no more than one thousand dollars ($1000.00).

8.

Any person in violation of the provision of Section 8.06.030, involving any firework or pyrotechnical device designated "Safe and Sane" within California Health and Safety Code Section 12529 shall be subject to a fine of no less than two hundred and seventy dollars ($270.00) and no more than three hundred and fifty dollars ($350.00).

B.

Exceptions.

1.

The City Administrator may issue permits for professional displays of fireworks and the use, but not sale of fireworks for purposes of cultural celebrations or business promotion. The City Administrator shall promulgate a separate set of regulations and fees governing the issuance of such permits for: (1) large public fireworks displays; and (2) small fireworks displays for cultural celebrations and business promotions; provided however, that the City Administrator may issue permits prior to promulgating regulations and establishing fees, until the end of the year of 2004.

2.

Further, if any display of fireworks is to be held within any public park or other property under the jurisdiction of the city, the City Administrator shall have the right to require the posting of any bond, or taking out of any insurance, that he or she may deem necessary.

3.

The provisions of this ordinance relating to the sale, use, and/or detonation of fireworks set forth herein at subsections (A)(1) and (A)(4), apply to all persons within the city limits, including any person authorized to possess or transport fireworks, by means of a valid permit, license or other authorization by a state or federal agency specifically authorized to regulate fireworks as defined by state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529. The ordinance codified in this section shall not limit, expand, or otherwise affect the rights or obligations of any person authorized to possess or transport fireworks, by means of a valid permit, license or other authorization by a state or federal agency specifically authorized to regulate fireworks as defined by state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529.

(Ord. 12601 § 2, 2004)