§ 485-020. DEFINITIONS

For the purposes of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section.

Citee means any person served with an administrative citation charging him or her as a responsible person for violation.

Citation means an administrative citation issued pursuant to this section to remedy a violation.

Code means Sutter County Ordinance Code.

Dangerous Fireworks are those fireworks specified as such in the State Fireworks Law, section 12505 of the California Health and Safety Code, and such other fireworks as may be determined to be dangerous by the State Fire Marshal.

Enforcing Officer means the Sheriff, Fire Chief, Development Services Director, Code Enforcement Officer, or the authorized deputies or designees thereof, all of whom are independently authorized to enforce this Chapter. Whenever an Enforcing Officer charged with the enforcement of any provision of this Chapter determines that a violation has occurred, the Enforcing Officer shall have the authority to issue an administrative citation to any person responsible for the violation.

Hearing Officer means the person(s) appointed by the Board of Supervisors as a County Administrative Hearing Officer.

Property means private property, rented residential premises, or rented commercial residences; including, but not limited to, a home, yard, or field, whether occupied on a temporary or permanent basis, whether or not occupied as a dwelling and whether owned, leased, rented, or used with or without compensation.

Residence or Other Private Property means a home, yard, apartment, condominium, hotel or motel room, other dwelling unit, a hall or meeting room, or commercial property, whether occupied on a temporary or permanent basis, whether occupied as a dwelling, party or other social function, and whether owned, leased, rented, or used with or without compensation.

Responsible Party includes, but is not limited to:

(1)

The person(s) who owns, rents, leases, or otherwise has possession of the Residence or Other Private Property;

(2)

The person(s) in immediate control of the Residence or Other Private Property; and

(3)

The person(s) who organizes, supervises, sponsors, conducts, allows, controls, or controls access to the illegal discharge or illegal storage of fireworks. If the Residence or Other Private Property is rented or leased, the landlord or lessor is not covered by this section unless they fall within the category of persons described under paragraph (2) or (3) of this definition. A landlord or lessor can only be held responsible under paragraph (3) of this definition if he or she has knowledge that fireworks are being discharged or illegally stored on the property without obtaining a permit therefor from the Fire Chief.

( Ord. No. 1651, § 2, 6-12-2018 )