A. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

B. Each person who violates any provisions of this chapter by possessing, using, storing, selling, and/or displaying any dangerous firework, or violates SMC 8.44.040 or 8.44.050 and such violation involves dangerous fireworks, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not exceeding $5,000, or by imprisonment for any term not exceeding one year, or by both such fine and imprisonment.

C. Each person who violates any provisions of this chapter by possessing, using, storing, selling, and/or displaying any safe and sane fireworks or State-approved fireworks, or violates SMC 8.44.040 or 8.44.050 and such violation involves any safe and sane fireworks or State-approved fireworks, is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not exceeding $5,000, or by imprisonment for any term not exceeding one year, or by both such fine and imprisonment.

D. In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the State Fire Marshal for the transportation and disposal of any fireworks seized from the person. The costs incurred by the office of the State Fire Marshal will be calculated based upon the regulations promulgated by that office. If those regulations have not been adopted by the office of the State Fire Marshal at the time a person is cited for possession of dangerous fireworks under this code, the City will reserve 25 percent of any fine collected under this provision to cover the actual cost of disposal to the office of the State Fire Marshal.

E. Nothing in this section shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation. (Ord. 1133 § 2, 2021)