Penalties - Fireworks And Pyrotechnic Devices - Health & Safety - CA

Section § 12700

This section outlines the penalties for violating any laws or regulations related to the part discussed, primarily focusing on the possession of dangerous fireworks. Violations generally result in misdemeanor charges with fines ranging from $1,000 to $2,000, potential imprisonment for up to one year, or both. However, penalties become more severe with the quantity of fireworks one possesses.

If someone possesses less than 25 pounds of dangerous fireworks, they face similar misdemeanor penalties with increasing fines and potential imprisonment for repeated offenses. Possession of 25 to 100 pounds escalates the charges to a public offense, leading to fines of $2,000 to $10,000, possible jail time, or both. For 100 to 5,000 pounds, fines rise significantly to $10,000 to $20,000, with imprisonment options expanding under specific Penal Code provisions. Possession over 5,000 pounds results in even harsher penalties with fines between $20,000 and $100,000, and possible extensive imprisonment.

Importantly, these severe punishments do not apply to individuals who possess a valid license or permit as described in related sections.

(a) Except as provided in Section 12702 and subdivision (b), a person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or by both that fine and imprisonment.

(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:

(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.

(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.

(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.

(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.

(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.

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Section § 12701

This law says that if someone breaks the rules or regulations mentioned in this part of the law, or ignores an order related to these rules, it's considered a separate offense for each day they continue to break the law. It's like getting a new ticket every day for doing the same wrong thing.

A person is guilty of a separate offense for each day during which he or she commits, continues, or permits a violation of this part, or any order or regulation issued pursuant to this part.

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Section § 12702

This law states that if someone sells, gives, or delivers dangerous fireworks to anyone under 18 years old, it's considered a misdemeanor. For the first offense, the punishment follows what's outlined in another section. However, if the same person is caught again, they face harsher penalties, including a $10,000 fine and/or up to one year in county jail. Additionally, for repeat offenses, probation isn't an option, and the court can't suspend the sentence.

Notwithstanding Section 12700:

(a) A person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in subdivision (b) of Section 12700.

(b) Upon a second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or by imprisonment in a county jail for up to one year or by both that fine and imprisonment. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.

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Section § 12703

This law involves rules related to commercial drivers transporting fireworks in California. If someone drives a commercial vehicle with 10,000 pounds or more of unaltered dangerous fireworks without necessary licenses or permits, they risk having their commercial driving license temporarily suspended by the State Fire Marshal and the DMV.

If caught and convicted, they are prohibited from driving commercial vehicles for three years. However, this rule does not apply to drivers who have proper licenses or permits as outlined in other sections of California law.

(a) The State Fire Marshal shall, in conjunction with the Department of Motor Vehicles, develop regulations and procedures to temporarily suspend the commercial motor vehicle license of a person who is operating a commercial motor vehicle while transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more.

(b) A driver of a commercial motor vehicle shall not operate a commercial motor vehicle for three years if the driver is convicted of transporting unaltered dangerous fireworks, as defined in Section 12505, having a gross weight, including packaging, of 10,000 pounds or more, as described in Section 15301 of the Vehicle Code.

(c) This section shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.

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Section § 12704

This section requires the State Fire Marshal to notify anyone supplying fireworks at least once a year that if they ship unauthorized fireworks into California, the authorities will report them immediately to federal agencies. This can lead to possible federal prosecution.

The State Fire Marshal, at least once a year and in consultation with the Attorney General, shall serve notice to any individual or business known to supply fireworks that any unauthorized shipments of fireworks into California will result in an immediate report to federal authorities with a request for any relevant federal prosecution.

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Section § 12706

When someone is fined due to citations issued by a public safety agency for breaking certain fireworks-related laws, the fines collected by the court must be sent to the county treasurer where the court is located.

These funds are distributed monthly with 65% going to the State Fire Marshal Fireworks Enforcement and Disposal Fund to help cover state expenses for fireworks enforcement, and 35% reimbursed to the local public safety agency in the county. The reimbursement covers local costs like handling and storing seized fireworks.

Notwithstanding Section 1463 of the Penal Code, all fines and forfeitures imposed by or collected in any court of this state, except for administrative fines described in Section 12557, as a result of citations issued by a public safety agency, for any violation of subdivision (b) of Section 12700 or of any regulation adopted pursuant to subdivision (b) of Section 12700, shall be deposited, as soon as practicable after the receipt of the fine or forfeiture, with the county treasurer of the county in which the court is situated. Amounts deposited pursuant to this section shall be paid at least once a month as follows:

(a) Sixty-five percent to the Treasurer, by warrant of the county auditor drawn upon the requisition of the clerk or judge of the court, for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Section 12728, on order of the Controller. At the time of the transmittal, the county auditor shall forward to the Controller, on the form or forms prescribed by the Controller, a record of the imposition, collection, and payments of the fines or forfeitures.

(b) Thirty-five percent to the local public safety agency in the county in which the offense was committed to reimburse the local public safety agency for expenses, including, but not limited to, the costs for handling, processing, photographing, and storing seized dangerous fireworks.

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