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For the purposes of this chapter, the following definitions shall apply:

A. "City" means the city of Petaluma.

B. "Juvenile" means any person under eighteen years of age.

C. "Response costs" means the costs associated with responses by law enforcement and first responders to private properties where fireworks are being used in violation of this code, including but not limited to:

1. Salaries and benefits of law enforcement and first responder personnel for the amount of time spent responding to, remaining at, or otherwise dealing with reports of unlawful fireworks use, and the administrative costs attributable to such response(s);

2. The cost of any medical treatment to or for any law enforcement and first responder personnel injured responding to, remaining at or leaving the scene of unlawful fireworks use;

3. The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of where fireworks are being used unlawfully; and

4. Any costs recoverable in accordance with California Civil Code Section 1714.9.

D. "Responsible person" means a person or persons with a right of possession of the residence or other private property in the city at which unlawful fireworks use may occur, including, but not limited to, the following:

1. Any owner of the residence or other private property, meaning the record owner of the title to property as of the time of the unlawful fireworks use, wheresoever that person or entity may currently reside;

2. A tenant or lessee of the residence or other private property;

3. The person(s) exercising control over the residence or other private property at the time of the unlawful fireworks use; and

4. The person(s) who organizes, supervises, officiates, conducts or controls the unlawful fireworks use or any other person(s) accepting responsibility for such use. A responsible person for unlawful fireworks use need not be present at such use.

E. "Fireworks gathering" means a party or gathering of two or more persons at a residence or other private property in the city at which unlawful fireworks use is occurring when that party or gathering is being conducted in such a manner as to constitute a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood, as a result of conduct constituting a violation of this chapter. Such conduct constituting a violation of law for purposes of this definition includes, but is not limited to, unlawful fireworks use, and unlawful fireworks use coupled with excessive noise, excessive traffic, obstruction of public streets by crowds or vehicles, or other disturbances of the peace, vandalism, littering, and any other conduct that constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.

(Ord. 2727 NCS §3 (part), 2020.)