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San Mateo County Supervisors Increase Fines to $1,000 and Jail Time for Illegal Fireworks

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VIDEO. Amendments to Fireworks Ordinance approved at the San Mateo County Supervisor’s meeting on Tuesday, May 4th, 2021.

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Introduction of an ordinance amending Chapter 5.28 of the County’s Ordinance Code, known as the San Mateo County Fireworks Ordinance (“Fireworks Ordinance”), and waive the reading of the Ordinance in its entirety.

San Mateo County Supervisor Sponsors: Don Horsley, Warren Slocum.

Full Firework Ordinance Amendment 2021

[pdf-embedder url=”https://www.coastsidebuzz.com/wp-content/uploads/2021/05/20210504_io_Fireworks-Ordinance-1.pdf” title=”20210504_io_Fireworks Ordinance (1)”]

 

SUMMARY OF AMENDMENTS

  • Strict liability for (1) those who have the care, custody, or control of a minor who violates the Fireworks Ordinance and (2) social hosts where a violation occurs on their property
  • Increased fines
  • Those with multiple violations in any 12-month period held responsible for the County’s costs of responding to the violations
  • Updates appeal rights/procedures and County’s ability to collect outstanding fines and costs for violations.

SOCIAL HOSTS

Social hosts defined as:

  • Owner of the property where the violation occurs;
  • Anyone who has the right to use, possess, or occupy the property under a lease, permit, license, rental agreement, or contract; or
  • Anyone who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering at the property

 

SOCIAL HOST LIABILITY EXCEPTIONS

Property owner not liable if, at the time of the violation:

  • The owner had either (1) rented or leased the property to another or (2) the violation was committed by an individual who was unlawfully present or had trespassed on the owner’s property; and
  • The owner was not present; and
  • The owner had no prior knowledge the violation was going to occur.

No strict liability for violations occurring within common areas of multifamily properties

 

INCREASED FINES AND CONSEQUENCES

  • $1,000 fine for all violations
  • Violation causing serious bodily injury or property damage in excess of $1,000 a misdemeanor separately punishable by a $1,000 fine and/or up to six months in jail
  • Violators with two or more violations within 12- month period liable for public safety personnel response to violation
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