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05/20/2019 <br />2. Any person who has the right to use, possess or occupy a public or <br />private property under a lease, permit, license, rental agreement, or <br />contract; or <br />3. Any person who hosts, organizes, supervises, officiates, conducts, or <br />accepts responsibility for a gathering on public or private property. <br />D. "Strictly liable" means liability for a wrongful act irrespective of such person's intent, <br />knowledge, negligence or lack thereof in committing the wrongful act. <br />Sec. 12.32. - GENERAL PROHIBITION AGAINST IGNITION, USE, DISCHARGE, OR <br />DISPLAY OF DANGEROUS FIREWORKS: <br />No person shall ignite, use, discharge, or display any dangerous fireworks within the City <br />without a permit issued by the Fire Chief or their designee pursuant to Section 12640 of <br />the California Health and Safety Code. <br />Sec. 12.33. - GENERAL PROHIBITION AGAINST IGNITION, USE, DISCHARGE, OR <br />DISPLAY OF SAFE AND SANE FIREWORKS: <br />No person shall ignite, use, discharge, or display any safe and sane fireworks within the <br />City. <br />Sec. 12.34. - STRICT LIABILITY FOR UNLAWFUL IGNITION, USE, DISCHARGE OR <br />DISPLAY OF FIREWORKS BY ANOTHER PERSON: <br />A. Ignition, use or discharge by minors: Any person having the care, custody or control <br />of a minor shall be strictly liable for any unlawful ignition, use, discharge or display <br />of dangerous fireworks or safe and sane fireworks in violation of Sections 12.32- <br />12.33. <br />B. Social host liability: Any social host shall be strictly liable for any unlawful ignition, <br />use, discharge or display of any dangerous fireworks or safe and sane fireworks in <br />violation of Sections 12.32-12.33 at their property or gathering; except that: <br />1. No owner of private property shall be liable under this Subsection B for <br />a violation of Sections 12.32-12.33 on that property if the owner can <br />demonstrate that at the time of such violation they (i) had rented or <br />leased the property to another, (ii) was not present, and (iii) had no prior <br />knowledge of the violation. <br />2. No person who has the right to use, possess or occupy a unit in a <br />multifamily residential property under a lease, rental agreement or <br />contract shall be liable under this Subsection B for violations of Sections <br />12.32-12.33 occurring in the common areas of the property. <br />ATTY/ORD.484/CC ORDINANCE AMENDING CHAPTER 12 FIRE PREVENTION TO ADD ARTICLE III FIREWORKS <br />ORDINANCE NO. 2462 <br />REV: 04-11-19 RL MUFF NO. 705 <br />Page 2 of 3 <br />