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2005 AGN JUN 07 I05
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2005 June 7 Agenda Packet
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2005 AGN JUN 07 I05
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2 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />"Section 6.32.010 Sales and discharged of safe and sane fireworks <br />permitted when; Other fireworks prohibited; Liability of property owners <br />A. "Safe and sane" fireworks, as defined by section 12529 of the Health and <br />Safety Code of the State of California, may be sold and discharged within the city during the <br />period beginning at 12:00 noon on the twenty-eighth day of June and ending at 12:00 midnight <br />on the fifth day of July of each year, pursuant to the provisions of this article and not otherwise. <br />B. All fireworks that are not safe and sane fireworks, as defined by Health <br />and Safety Code section 12529, are prohibited to be sold, used, discharged or possessed in any <br />location within the city and at all times. <br />C. Any property owner or person in control of property who allows a person to <br />sell, use, discharge or possess fireworks that are not safe and sane fireworks on the property <br />owned by such person or under such person's control shall be in violation of this section, <br />irrespective of such person's intent, knowledge or negligence, said violation hereby being <br />expressly declared a strict liability offense." <br />SECTION 2. Section 6.32.160 of Chapter 6.32 of the Colton Municipal Code is <br />hereby deleted in its entirety and restated to read as follows: <br />"Section 6.32.160 Provisions of chapter additional to state law; <br />Applicability of Chapter 15.16. <br />A. The provisions of this chapter are in addition to applicable state law, <br />including the California Administrative Code, Title 19, Article 5, Section 993, which requires a <br />license from the State Fire Marshal. Each package of fireworks shall be marked as 'safe and <br />sane' fireworks and shall bear the State Fire Marshal's classification label. <br />B. All criminal and administrative penalties that apply to violations of this <br />chapter shall also apply to any violation of Chapter 15.16 of this Code. <br />SECTION 3. New Section 15.16.065 is hereby added to Chapter 15.16 of the <br />Colton Municipal Code to read as follows: <br />"Section 15.16.065 Section 207-F amended. <br />Section 207-F is amended by changing the definition of 'Fireworks 1.4 G (formerly <br />Class C, Common Fireworks)' and 'Fireworks 1.3G (formerly Class B Special, Fireworks)' to read <br />as follows: <br />Fireworks are any combustible or explosive composition, or any substance, <br />combination of substances, or device prepared for the purpose of producing a visible or audible <br />effect by combustion, explosion, deflagration, or detonation. Fireworks include blank cartridges, <br />toy pistols, toy cannons, toy canes or toy guns in which explosives are used; firecrackers, <br />torpedoes, sky -rockets, model rockets, Roman candles, sparklers, or other devices of like <br />construction; any devices containing an explosive or flammable compound; and any tablet or <br />other device containing an explosive substance. Fireworks do not include auto flares; paper <br />caps containing an average of 0.25 grain of explosive content per cap or less; and toy pistols, toy <br />canes, toy guns or other devices for use of such caps. See also Appendix VI -H." <br />-2- <br />
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