A. The City of Sebastopol has deemed the use of dangerous and safe and sane fireworks, as defined in California Health and Safety Code Section 12500 et seq., to pose a risk to public health and safety, and prohibits the use of any kind of firework by members of the general public. 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.

B. This chapter provides for the regulation of the manufacture, transportation, possession, use, and sale of fireworks within the City of Sebastopol and the imposition, enforcement, collection, and administrative review of administrative fines, related to the possession, use, storage, sale and/or display of fireworks, including those classified as “dangerous fireworks” and “safe and sane fireworks” as defined in California Health and Safety Code Section 12500 et seq., with the exception of the use of fireworks with a pyrotechnic license when operating pursuant to and in accordance with the terms of that license.

C. The issuance of citations imposing administrative fines may be performed at the discretion of the officials of the City authorized under this chapter; and the issuance of a citation to any person constitutes but one remedy 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 or State law by any person.

D. 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, 25 pounds or less (gross weight) of such dangerous fireworks.

E. Fines collected pursuant to this chapter related to “dangerous fireworks” shall not be subject to California Health and Safety Code Section 12706. However, the City shall provide cost reimbursement to the State Fire Marshal for the transportation and disposal of “dangerous fireworks” seized by the City where applicable. These costs will be included in addition to any administrative fines imposed under this chapter.

F. The City’s Fire Official shall have the power to adopt reasonable rules and regulations for the granting of a single permit for a supervised public display of fireworks by a jurisdiction, fair association, amusement parks, other organizations, or for the use of fireworks by artisans in pursuit of their trade. Such use or display shall be handled by a competent operator approved by the City’s Fire Official and shall be of such character and so located, discharged, or fired, as in the opinion of the City’s Fire Official after proper investigation, so as not to be hazardous to property or endanger any person.

G. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the City’s Fire Official for the payment of all damages which may be caused either to persons or property by reason of the permitted display and arising from any acts of the permittee, his agents, employees, or subcontractors. (Ord. 1133 § 2, 2021)