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Qrdinance t~o. 2528
AN DRDINANC£ ADDII~G CNAPTER 3$
TO 7HE BUTTE COUNTY C~~7E
The Board o~ Supervisors of the County of Butte, 5ta~e
of Califor~ia, QO ~RDAINa as follows:
Sectian 1.
That Chapter 38 of the Butte Coun~y Code is hereby added
~o read as follows:
Section 38-1. Titl.e
This Chapter may be c~.ted and referred to as tF~e Fireworks
Ordinance of the ~ounty af 8utte.
Section 38-2, Findings.
7he use and discharge af fireworks withi.r~g the Coun~.y
presents a seriaus hazard to the health, welfare, ar~d safety of
reside~ces of ~.he County. 7his hazard is mosf. pror~ounced during the
Fourth of July seasonal ce].ebratinn.
Loea1 fire hazard condi~ions and fire suppression prabler~s
req~ire t{~at t~e use and discharge nF firewor~CS be prohibited wi~hin
the Coun~y. In order ~o effec~ively prohibit ~.he use and disc~arge
of fireworks, ii~ is necessary to prohibit the sa~.e of fireworks. I~'
fireworks are read~ly ava.i~.able with the Caunty, any prohibition on
the use of firewarks will be Iargely ineffectirre without a massive
policing effort. The cost of such polieing e~for~. is proE~ib~.tive to
prod~ce such a massi~e policing effor~ are largeiy unavailab~e dur~ng
the Fourth of Ju~y seasonal ceiebration.
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5ection 3$-3 Definition.
(~) Ehief is the chief o~ficer of the BUTTE C~UNTY FIRE
DEPARTMENT, or his/her a~thorized represen~ati~e.
(2} Fireworks is any combusti~le os explosive camposition,
ar any substance or combina~ion of substanc~s or device prepared for
~he purpose of Producing a ~~sible or an audible eFfect by combus~ion
explosion, deflagratio~ or detonation, an~ shall inciude bla~k
cartridges, toy ca~~ons, tay canes or toy guns in which explo~~ves
are used, firecrackers, torpedoes, skyrockets, Roman candles, Daygo
bombs, spark~ers or other de~ice~ af like co~struc~io~ and any
de~ices co~taining any explosive or flammable campou~d, or any
tablet or other device containing an expiosive substance, exeept
that the term "fi~eworks" shall no~ include any au~o flares, paper
caps contai~ing ~ot in excess of an a~erage of twen~y-five
hu~dredths of a grain of explosi~e cnn~ent per cap and toy pistols,
~oy canes, toy guns or ot~er devices for us~ of sue~ caPs, the sale
a~d use of wh~ch shall be permit~ed at a~l times.
Sectio~ 38-~. Permits for Manufacturin , Sa1e and Diseharge
(a) The manufacture of fireworks within the jurisdictional
area is prnhibited except under special ~esmits as are required by
local and state reguiations.
(b} Except as hereinafter provided, it shall be unlawfu~
for any person to possess, s~ore, to offer for sale, expose for
sale, seii at retail or use or expiode any firewor~s i~ the unincor-
porated area of the County, pro~ided that the chief shal~ ha~e power
to adopt reasonable public dis~lays of fireworks by a jurasdic~ion,
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fair associa~ion, amusemeRt park, o~her organiza~ions or far the use
af f~reworks by ar~isans in pursuit o~ their tradE. E~ery such use
or display s~all be handled by a competen~ operator appraved by the
chief and sha~I be af eharactE~ a~d so ~aca~ed, disc~arqed or fired so
as in t~e opinion ~f the chief, after p~oper i~~estiga~ion, not to be
hazardous to property or endanger any person(s).
(c) Applica~ions for ~ermi~s shaZl be made in writing at
least 10 days ~n advanee of the date of the display. After such
pr~vilege shall be gra~ted, salE, possession, use and ~15tT1bUt1DR
of fireworks for such display shali be lawful for that purpose only.
No per~it granted hereunder sha~I be transferable.
Section 38-5., Bond for Fireworks Disp~ay ftequired.
The permittee s~all furnish a bond or certificate of
i~surance in an a~fl~nt dee~ed a~equate by ~he chief for the paymen~
of a11 damages wh~ch may ~e caused either to a person or persons or
to property by reason of the perm~tted display and arising from any
acts o~ the permittee, his agen~s, emplayees or suhcontractors.
Section 38-6. Disposal of Unfired Fireworks.
Any fireworks that remain unfired af~er the display is
coneluded shal~ be immediate~y d~sposed of ~n a way safe far ~he
particular type af fireworks rema~ning.
5ec~ian 38-7. ~xceptia~.
Nothing in this artic~e shall be co~strued to prohibit the
~se of fireworks by railroads or ather ~ra~sportation agencies for
signal purposes of illumanation, or the sa~e o.r the use of blank
cartridges for a show os ~heater, or fa~ signa~ ar ceremonial purposes
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in at~letics os sports or far use by military organiza~ions.
Section 38-8. Seizure of Fireworks.
Th~ c~ief sha~l seize take, remo~e or cause to be remo~ed
at the expense of the owner, ail stocks af firewarks offered or
exposed for sale, s~ored or held in violation of this ar~icle.
Section 38-9 Violation and Penalt~e
Whenever any act is prohibited by this chapter, or is made
ar declared to be ~nlawful, or an offense, or the daing of any ac~
is required or the failu~e to do any act is declared to be unlawful,
the viola~ion sha11 be punished by a f~ne not ~o exceed ~he amou~~ of
~ive Hundred Dollars ($S0~) or i~pr~sonment for a term not ~o exceed
6 mo~ths, or by both such fine and impr~sonment.
Section 2. 7his ordinanee is ~ereby and it is declared ~o
be i~ full force and effect from and after thirty (30) days after ~~e
da~e of its passage, and before the expira~ion of fif~een {15) days
after its passage, this ordina~ce shali be published once with t~e
names of the ~embers of the Board of Super~isors vating ~or and
against i~ in the , ~~-i~fl ~~terprise Record _ _ __ _ , ~ newspaper
publisheci in the County of Sutte, S~at~ of California.
PASSED AND ADOPTED t~y the Bnard oF Supervisors nf the County
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of Butte. State af California. on the 3rd day of
June , 1986, by the following ~otes:
AY~ S: Supervisors Do7an, Fu7ton, Mclnturf and Whee7er.
NOES: Chair~tan McLaughZin
ABSENT : None
NOT VOTING: ~Ione
~~~~ . . ___ -- _~ _-__
ED McLAUGHLI
~hairman of the Bu~te Cnunty
Baard of Supervisors
ATTEST:
NfARTIN ~. N~CHOLS
Chief Adminis~rati~e ~fficer
and Clerk of ~,he Board
By:
_ J
~ ~
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