9.16.010 Definitions.
The following definitions apply to the use of these terms for the purposes of this chapter:
A. “Offender” means any person served with an administrative citation charging him or her as a responsible person for a violation.
B. “Citation” means an administrative citation issued pursuant to this chapter to remedy a violation.
C. “City manager” means the city manager of the city or his or her designee.
D. “Code” means the Marina Municipal Code.
E. “Dangerous fireworks” are defined and described as set forth in California Health and Safety Code Section 12505, and as that section may be amended from time to time, and include:
1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites.
b. Boron.
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included.
ii. In caps and party poppers.
iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than fifteen percent (or six hundred milligrams) is potassium, sodium, or barium chlorate.
d. Gallates or gallic acid.
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted).
f. Mercury salts.
g. Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers).
h. Picrates or picric acid.
i. Thiocyanates.
j. Titanium, except in particle size greater than one hundred mesh.
k. Zirconium.
2. Firecrackers.
3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge.
4. Roman candles, including all devices which discharge balls of fire into the air.
5. Chasers, including all devices which dart or travel about the surface of the ground during discharge.
6. Sparklers more than ten inches in length or one-fourth of one inch in diameter.
7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches.
8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this section.
9. Torpedoes of all kinds which explode on impact.
10. Fireworks kits, i.e., any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of “fireworks” in California Health and Safety Code Section 12511.
11. Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
F. “Enforcement official” means any employee or agent of the city of Marina with the authority to enforce this code.
G. “Issuance” or “issued” has the same meaning as set forth in Section 1.12.050.
H. “Hearing officer” has the same meaning as set forth in Section 1.12.090(D).
I. “Person” means a natural person or a legal entity that is also an owner, tenant, lessee and/or other person with any right to possession or control of the property where a violation of this code occurred.
J. “Responsible person” means a person who causes a code violation to occur or allows a violation to exist or continue, by his or her action or failure to act, or whose agent, employee or independent contractor causes a violation to occur, or allows a violation to exist or continue. There is a rebuttable presumption that the record owner of a residential parcel, as shown on the county’s latest equalized property taxes assessment rolls, and a lessee of a residential parcel has a notice of any violation existing on said property. For purposes of this chapter, there may be more than one responsible person for a violation. Any person, irrespective of age, found in violation of any provision of this chapter may be issued a citation in accordance with the provisions of this chapter. Every parent, guardian or other person, having the legal care, custody or control of any person under the age of eighteen years, who knows or reasonably should know that a minor is in violation of this chapter, may be issued a citation in accordance with the provisions of this chapter, in addition to any citation that may be issued to the offending minor.
K. “Safe and sane fireworks” are as defined in Section 12529 of the Health and Safety Code, and as that section may be amended from time to time.
L. “Violation” or “violates” refers to any violation of any provision of this code as well as the failure to comply with any additional requirement imposed by any permit, license and/or approval issued to a person under or pursuant to a city ordinance. (Ord. 2021-02 § 1 (Exh. A), 2021)