When appropriate signs are in place giving notice thereof, it is unlawful for any person to transport or carry into or through the Posey or the Webster Street Tube any flammable liquids as defined in, determined by or referenced in Section 34003(c) of the Vehicle Code of the state of California, or any explosives or other dangerous articles. The term “explosives or other dangerous articles” as used herein shall be construed to mean and include all of those explosives, flammable solids, oxidizing materials, corrosive liquids, flammable compressed gases, and poisonous substances listed in Section 72.5 of Part 72 (“Commodity List of Explosives and other Dangerous Articles Containing the Shipping Name or Description of All Articles Subject to Parts 71-78”) of the Regulations of the Interstate/Commerce Commission for the transportation of explosives and other dangerous articles adopted pursuant to the provisions of Title 18, Chapter 39, Section 835 of the United States Code, and any subsequent amendments thereto. (Ord. 11933, 1996: prior code § 2-5.22)

A. Prohibitions.
1. It is unlawful for any person at any time to sell, or advertise for sale, any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.
2. It is unlawful for any person to at any time to transfer to another any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.
3. It is unlawful for any person at any time to possess any firework or pyrotechnical device as defined under state law, including but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.
4. It is unlawful for any person at any time to use or cause to be detonated any firework or pyrotechnical device as defined under state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529, within the city limits.
5. Any person found in violation of any provision of Section 8.06.030, and sixteen (16) years of age or older may be issued a citation in accordance with the provisions of this section.
6. In addition to the actions authorized pursuant to the above, 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 section.
7. Any person in violation of the provisions of Section 8.06.030, involving any firework or pyrotechnical device designated as “Dangerous fireworks” within California Health and Safety Code Section 12505, or involving any fireworks designated “Exempt fireworks” within California Health and Safety Code Section 12508 shall be subject to a fine of no less three hundred and fifty dollars ($350.00) and no more than one thousand dollars ($1000.00).
8. Any person in violation of the provision of Section 8.06.030, involving any firework or pyrotechnical device designated “Safe and Sane” within California Health and Safety Code Section 12529 shall be subject to a fine of no less than two hundred
and seventy dollars ($270.00) and no more than three hundred and fifty dollars ($350.00).
B. Exceptions.
1. The City Administrator may issue permits for professional displays of fireworks and the use, but not sale of fireworks for purposes of cultural celebrations or business promotion. The City Administrator shall promulgate a separate set of regulations and fees governing the issuance of such permits for: (1) large public fireworks displays; and (2) small fireworks displays for cultural celebrations and business promotions; provided however, that the City Administrator may issue permits prior to promulgating regulations and establishing fees, until the end of the year of 2004.
2. Further, if any display of fireworks is to be held within any public park or other property under the jurisdiction of the city, the City Administrator shall have the right to require the posting of any bond, or taking out of any insurance, that he or she may deem necessary.
3. The provisions of this ordinance relating to the sale, use, and/or detonation of fireworks set forth herein at subsections (A)(1) and (A)(4), apply to all persons within the city limits, including any person authorized to possess or transport fireworks, by means of a valid permit, license or other authorization by a state or federal agency specifically authorized to regulate fireworks as defined by state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529. The ordinance codified in this section shall not limit, expand, or otherwise affect the rights or obligations of any person authorized to possess or transport fireworks, by means of a valid permit, license or other authorization by a state or federal agency specifically authorized to regulate fireworks as defined by state law, including, but not limited to, California Health and Safety Code Sections 12505, 12508, 12511, 12512, 12526 and 12529. (Ord. 12601 § 2, 2004)