§ 4-1008. EXPLOSIVES AND FIREWORKS.

Section 5601.1 of Chapter 56, of the California Fire Code, 2016 Edition is hereby amended by adding the following:

(a)  Fireworks defined: "Fireworks" means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, including fireworks classified by the Health and Safety Code as "dangerous fireworks" and "safe and sane fireworks" and shall include firecrackers, torpedoes, skyrockets, roman candles, bombs, sparklers, chasers, snakes, or other fireworks containing any explosive or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps.

(b)  Fireworks prohibited: It is unlawful for any person to sell, offer for sale, transport, or cause to be transported, give away, posses, use or discharge any fireworks as defined in this Code in the un-incorporated portions of San Joaquin County.

Exception: This Code shall not prohibit public fireworks displays providing a permit is obtained from the Fire Warden as prescribed in Section 4-1003 of this Code. Public displays shall be performed under the direct supervision of a California State Licensed Pyrotechnic Operator. Public displays shall be performed in accordance with Section 5608 of the California Fire Code 2016 Edition. This Code shall not prohibit the use by railroad or other transportation agencies, for signal or illumination purposes, torpedoes, flares, or fuses; nor the sale of blank cartridges for theatrical or ceremonial purposes, athletic events or military ceremonials or demonstrations.

(c)  Seizure and destruction of fireworks: The Fire Warden or designated representatives including the San Joaquin County Sheriff and Fire Chiefs or their designated representatives in the un-incorporated portions of San Joaquin County shall seize, take, remove or cause to be removed and arrange for destruction at the expense of the owner, all stocks of fireworks offered for sale or exposed for sale, stored, possessed or transported or otherwise in violation of this Code.

(d)  Violations:

1. It shall be unlawful for any Person to violate or to permit the violation of, any provisions of this Chapter. All Owners, Occupants and other Persons at or on the property or premises where Fireworks are possessed, sold, ignited, exploded, discharged, projected, or otherwise fired or used may be sited for and convicted of violations of this Chapter, provided, however, that an Owner who is not in possession of his/her property, and who has instead permitted another Person(s) to occupy the property, shall not be convicted of a violation unless the Owner had notice that persons in possession of the property were in possession of, sold, ignited, exploded, discharged, projected, or otherwise fired or used, or the Owner otherwise negligently allowed a violation of this Chapter to occur on his/her property.

2. A violation of this Chapter shall constitute a misdemeanor, provided, however, that in the discretion of the District Attorney, may be charged and prosecuted as an infraction. Each conviction of a misdemeanor under this Chapter shall be punishable as set forth in California Health and Safety Code Section 12700, as may amended from time to time. Every violation determined to be an infraction is (shall be) punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year.

3. Violations of this Chapter shall be prosecuted by the District Attorney.

4. The provisions of this Chapter shall be enforced by the Fire Warden or designated representatives including the San Joaquin County Sheriff and Fire Chiefs or their designated representatives in the un-incorporated portions of San Joaquin County. All such persons are authorized to enter upon, inspect, and examine any property or premises to determine whether a violation of this Chapter exists or has occurred. If the Owner or Occupant of the property or premises refuses to permit entrance, inspection or examination pursuant to this Chapter, the Fire Warden or designated representatives including the San Joaquin County Sheriff and Fire Chiefs or their designated representatives may seek an inspection warrant pursuant to California Code of Civil Procedure Section 1822.50, et seq., as may be amended from time to time.

(e)  Application of state law: Nothing in this Chapter shall limit any of the penalties provided in the California Health and Safety Code or the California Penal Code with regard to the offer for sale, exposing for sale, sale at retail, or the use or discharge of any fireworks.

(f)  Response costs.

1. A person who has violated this chapter may be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks.

2. If a person who violated this chapter is a minor charge, the responsible guardian(s) of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this chapter.

3. To incur liability for response costs imposed by this chapter, a person who violates this chapter need not be present at the event that causes the response giving rise to the imposition of response costs.

4. Response costs imposed by this chapter are in addition to any other costs that may be recovered under this Code.

(g)  Public display of fireworks.

Public Display of Fireworks defined: "Public Display of Fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks, as defined in Section 12505 of the Health and Safety Code.

Salute Fireworks defined: Fireworks designed to produce an explosive sound as their primary effect.

Aerial Salute Fireworks defined: A salute that functions as an aerial shell.

Ground Salute Fireworks defined: A salute that functions from a stationary or secured position.

Fireworks Prohibited. Salute fireworks shall be prohibited in Public Display of Fireworks, including: single-break aerial salute shells, multi-break shells with salutes and shells, and ground salutes.

(Ord. No. 4490, § 1, 12-13-2016; Ord. No. 4522, § 1, 1-8-2019)