The following definitions apply to this chapter:
"Dangerous fireworks"
means the same as defined in California Health and Safety Code Section 12505.
"Fireworks"
means the same as defined in California Health and Safety Code Section 12511.
"Host"
means a person who either:
1. 
Is in charge of private property, including, but not limited to, an owner, tenant, landlord, or property manager of the property; or
2. 
Organizes, supervises, officiates, conducts, controls, or is otherwise in charge of the activity on the property.
"Response cost"
means the cost associated with law enforcement, fire, medical, or other medical personnel responding to, remaining at, and leaving the scene for a gathering, including, but not limited to:
1. 
Salaries and benefits of law enforcement, fire, medical, or other emergency personnel;
2. 
Administrative costs;
3. 
The cost of any medical treatment of injuries to any law enforcement, fire, medical, or other emergency personnel;
4. 
The cost of using any city equipment;
5. 
The cost of repairing any damaged city equipment or property; and
6. 
Any other costs related to enforcement of this chapter.
"Safe and sane fireworks"
means the same as defined in California Health and Safety Code Sections 12529 and 12562.
(Ord. 13-990 § 1, 2013; Ord. 22-1034 § 1, 2022)
A. 
It is not unlawful to possess safe and sane fireworks during that time period beginning at noon on June 28th and ending at 12:01 a.m. on July 6th of that same year.
B. 
It is not unlawful to display or sell safe and sane fireworks as provided in Section 8.48.040 of this chapter.
C. 
It is not unlawful to use or discharge safe and sane fireworks pursuant to this section during the following time period:
1. 
Between the hours six a.m. and midnight on July 4th.
(Ord. 22-1034 § 2, 2022)
It is unlawful for any person to sell safe and sane fireworks within the city without having first applied and received a city permit therefor.
A. 
Fireworks sales stands must be located on property zoned C-2, general commercial and shopping center zoning district.
B. 
All fireworks vendors must obtain a fireworks permit from the city of Susanville fire department and must adhere to all requirements of the permit and the requirements of the California Health and Safety Code relating to the sale and storage of fireworks. The chief of the fire department may amend the requirements of the permit as necessary to ensure public safety is maintained. Fireworks vendors must also obtain a temporary use permit as per Section 17.104.090 of this code.
C. 
The number of fireworks stands permits granted in any year shall be one stand per 1,500 persons of the household population of the city based on the latest department of finance estimates. Fractions of 0.50 or greater shall be rounded up to the next whole number.
D. 
In granting a fireworks permit, the fire department shall give preference to individuals or organizations that operated fireworks stands, without violation of the permit requirements, during the prior year. Individuals or organizations wishing to receive permitting preference must notify the fire department of their intent to operate a stand no later than June 1st of each year.
(Ord. 13-990 § 1, 2013; Ord. 22-1034 § 3, 2022)
A. 
No person shall sell fireworks to any person under the age of 18.
B. 
Sale of fireworks may begin on June 28th and shall not continue after July 6th of the same year. Sale of fireworks shall be permitted only from nine a.m. to nine p.m. daily, except June 28th, when the hours shall be noon to nine p.m.
C. 
No person other than the permitted organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand.
D. 
No person other than members of the permittee organization or the spouses, parents, or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.
E. 
No person under the age of 18 shall sell or participate in the sale of fireworks.
F. 
No person shall be paid any consideration by the permittee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the same of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing the location of the stand on its property. The fire chief may revoke the fireworks storage permit of any wholesale distributor violating the terms of this section, as set forth in California Health and Safety Code Section 12673.
(Ord. 13-990 § 1, 2013; Ord. 22-1034 § 4, 2022)
All retail sales of safe and sane fireworks shall be permitted only from within temporary fireworks stand, and the sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:
A. 
No fireworks shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point.
B. 
Firework stands need not comply with the provisions of the building code of the city; provided, however, all stands shall be erected under the supervision of the inspector, who shall require stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons; and provided further that any electrical installations shall comply with all applicable codes.
C. 
No stands shall have a floor in excess of 750 square feet.
D. 
Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, in no case shall the distance between exits exceed 20 feet. Exit doors shall not be less than 24 inches wide and six feet in height and shall swing in the direction of exit travel.
E. 
Each stand shall be provided with two, two and one-half gallon "water-type" (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
F. 
All temporary firework stands shall be disassembled and removed no later than July 20th of that year.
(Ord. 22-1034 § 5, 2022)
A. 
Stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
B. 
All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 25 feet surrounding the stand.
C. 
"NO SMOKING" signs shall prominently be displayed on the fireworks stand.
D. 
Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing, or storage of fireworks.
E. 
All unsold stock of fireworks in the hands of the retailer after noon on July 6th shall be returned to the distributor or wholesaler immediately. On closing of stands, all litter shall be removed from the premises.
F. 
No fuel-powered generator or similar equipment shall be allowed within 50 feet of fireworks stand.
(Ord. 22-1034 § 6, 2022)
Wholesale storage of California State Fire Marshall-listed safe and sane fireworks may be allowed under the provisions of this section and chapter. All wholesale storage facilities or buildings shall conform to the applicable building and fire codes of the city of Susanville. An annual storage permit shall be required from the city fire department for wholesale storage of fireworks. The annual storage permit shall be annually renewable, subject to inspection and clearance.
(Ord. 22-1034 § 7, 2022)
The fire chief, or chief's designee, may seize, take, or remove, or cause to be removed, at the expense of the owner, all fireworks in violation of this chapter.
(Ord. 22-1034 § 8, 2022)
A. 
No host shall allow any person to violate a provision of this chapter on the host's private property, except as provided below in subsection (A)(2).
1. 
Whenever a host is present at the private property while another person violates a provision of this chapter, there shall be a rebuttable presumption that the host knew or should have known of the violation.
2. 
The provisions this section shall not apply to:
a. 
The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;
b. 
A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.
B. 
No host shall aid or abet another person's violation of a provision of this chapter in a public right-of-way adjacent to the host's private property. A host aids and abets another person's violation of a provision of this chapter if he or she knows of the other person's violation of a provision of this chapter or he/she knows of the other person unlawful purpose and the host specifically intends to, and does in fact aid, facilitate, promote, encourage, or instigate the other person's commission of that violation.
(Ord. 22-1034 § 9, 2022)
A. 
In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 8.40 of this code.
B. 
Notwithstanding the provisions of Section 1.12.010 of this code, the amount of an administrative penalty for violation of this chapter is:
1. 
One thousand dollars for the first violation,
2. 
Two thousand five hundred dollars for the second violation within one year of the first violation, and
3. 
Five thousand dollars for each additional violation within one year of the first violation.
C. 
Any host who violates Section 8.48.090 is liable for the response costs relating to the violation. All hosts who violate Section 8.48.090 in the same incident are jointly and severally liable for the response cost relating to the violation. The amount of response costs constitutes a debt owed to the city.
1. 
Notice of the response cost shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:
a. 
The name of the host who is liable for the response costs;
b. 
The address of the private property where the incident occurred;
c. 
The date and time of the response;
d. 
The law enforcement, fire, or other emergency response personnel who responded; and
e. 
An itemized list of the response costs.
2. 
Payment for response costs shall be remitted to the city of Susanville within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon filing of a timely appeal.
3. 
A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs in accordance with Chapter 8.36 of this code. The appeal hearing shall be scheduled and conducted in the manner prescribed in Chapter 8.36. Failure to timely file an appeal constituted a failure to exhaust available administrative remedies and bars any further review or administrative appeal of the response cost.
D. 
Violations of this chapter are hereby declared to be a public nuisance.
E. 
Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
F. 
All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(Ord. 13-990 § 1, 2013; Ord. 22-1034 § 10, 2022)
Public display fireworks by permit only per California Health and Safety Code Section 12640(e); CCR Title 19, Section 982.
(Ord. 22-1034 § 11, 2022)