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Administrative Citation Appeals Process 

5602.3. Definitions

(a)  "Dangerous fireworks" shall include any items or materials listed as such in California Health and Safety Code, Section 12505.

5602.11 Administrative Fines

In addition to any other remedy available at law, any person or entity who possesses, uses, stores, sells and/or displays dangerous fireworks or any person or entity who possesses, uses, sells and/or displays Safe and Sane fireworks on or at dates, times, or locations other than those permitted by this Section are subject to an administrative fine of not less than one-thousand dollars ($1 ,000.00). 

Administrative fines collected pursuant to this Section shall not be subject to Health and Safety Code, Section 12706. The administrative fines collected shall be allocated in compliance with Health and Safety Code, Section 12557, which requires the District to provide cost reimbursement to the California State Fire Marshal for reimbursement of costs, including, but not limited to transportation, and disposal. Regulations are to be adopted by the California State Fire Marshal setting forth this allocation. Unless and until such regulations have been adopted by the State of California, the District shall hold in trust a $250.00 fee in addition to any fine collected to cover the reimbursement to the California State Fire Marshal for the cost of transportation and disposal of the dangerous fireworks. This fee is non-refundable.

Due to the serious threat of fire or injury posed by the use of dangerous fireworks or Safe and Sane fireworks on or at dates, times, and/or locations other than those permitted by this Section, this Section imposes strict civil liability upon the owners of residential real property for all violations of this Section existing on that property. Each contiguous use, display, and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.

The fire code official or designee may seek cost recovery for any costs imposed on the District or Fire Department due to negligence, an intentional wrongful act, an intentional wrongful act, carelessness, or malice as set forth in Section 109.5 of this Code, and the Master Fee Schedule.

Procedure for Appeal Hearings (final).pdf
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