(1) This chapter authorizes the imposition of administrative fines on any person who violates any provision of this chapter in order to encourage and obtain compliance with its provisions for the benefit and protection of the entire community. Administrative fines for violations of this chapter shall be imposed, enforced, and collected, and administrative review of administrative fines imposed for violations of this chapter shall be governed by the provisions of Chapter 1.40 CMC. Such administrative fines are imposed under the authority of the California Government Code Section 53069.4, Health and Safety Code Section 12557, and the city’s police power.

(2) The issuance of citations imposing administrative fines may be performed at the discretion of the city officials authorized hereunder, and the issuance of a citation to any person constitutes but one city remedy to redress violations of this chapter by any person.

(3) 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.

(4) Fines collected pursuant to this chapter related to “dangerous fireworks” shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be deposited with and disbursed by the county treasurer. However, the city shall provide cost reimbursement to the State Fire Marshal pursuant to the regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of “dangerous fireworks” seized by the city, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the city shall hold in trust $250.00 or 25 percent of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the “dangerous fireworks.”

(5) Because of the serious threat of fire or injury posed by the use of “dangerous fireworks,” this chapter imposes strict civil liability upon the owners of residential real property for all violations of this chapter existing on their residential real property. Each contiguous use, display, and/or possession shall constitute a separate violation and shall be subject to separate administrative fine. (Ord. 660 § 2, 2016; Ord. 641 § 3, 2014).