1.18.040 - Penalties.
A. In addition to any remedy available at law, and upon a first violation, any person in violation of any provision of this chapter or Section 16.32.375 of this Code involving 25 pounds or less of fireworks is subject to the issuance of an administrative citation of $1,500.00 and a disposal fee as set by the State.
B. A person is subject to the issuance of an administrative citation for causing a code violation to occur or allowing 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.
C. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of 18 years, who knows or reasonably should know that a minor is in violation of this chapter, is subject to the issuance of an administrative citation in addition to any that may be issued to the offending minor.
D. 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. Any person, irrespective of age, found in violation of any provision of this chapter may be issued an administrative citation in accordance with the provisions of this chapter.
F. Fines collected pursuant to administrative citations shall be subject to cost reimbursement to the Office of the State Fire Marshal to the extent mandated by state law.
G. Fines collected pursuant to administrative citations shall not subject to Health and Safety Code § 12706.
H. Nothing in this chapter shall be intended to limit any of the penalties provided for under the Health and Safety Code, Penal Code, or other sections of this Code with regard any person or entity who possess, keeps, stores, uses, shoots, discharges, sets-off, ignites, explodes, manufactures, sells, offers to sell, or gives away any fireworks.
I. Any property owner or person in control of property who has knowledge of a person selling, using, discharging, possessing fireworks, or providing fireworks to a minor on the property owned by such person or under such person's control, shall be in violation of this section.
J. It is unlawful for any Social Host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, any violation of this chapter to occur without first obtaining all required permits and licenses. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this section.
K. A Social Host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre-requisite to a finding that any specific individual is a Social Host as defined by this section.
(Ord. 7705, § 3, 2025; Ord. 7664, § 1, 2024; Ord. 7359 § 2, 2016)
