SECTIONS 12720-12728

12720.  Any threatened violation of any provision of this part or ofany order or regulation of the State Fire Marshal issued pursuant tothis part may be enjoined in a civil action brought in the name ofthe people of the State of California. Such actions may be institutedby the Attorney General or the district attorney of the county inwhich the act, practice, or transaction is about to be committed.12721.  The State Fire Marshal, his or her salaried deputies, or anychief of a fire department, or his or her authorizedrepresentatives, any fire protection agency, or any other publicagency authorized by statute to enforce the State Fire Marshal'sregulations, may seize any fireworks described in this part. TheState Fire Marshal, any chief of a fire department, any fireprotection agency, or any other public agency authorized to enforcethe State Fire Marshal's regulations may charge any person, firm, orcorporation, whose fireworks are seized pursuant to this section, anamount which is sufficient to cover the cost of transporting,storing, and handling the seized fireworks. When the State FireMarshal, other enforcing officer or agency described in this section,or a court determines that a person's, firm's, or corporation'sfireworks are illegally or erroneously seized, or if legalproceedings do not result in a conviction for violation of anyprovision of this part, any funds collected pursuant to this sectionshall be refunded, or if charged but unpaid, canceled.12722.  The following fireworks may be seized pursuant to Section12721: (a) Those fireworks which are sold, offered for sale, possessed,stored, used, or transported within this state prior to having beenexamined, classified, and registered by the State Fire Marshal,except those specific items designated as samples pendingexamination, classification, and registration by the State FireMarshal where the licensee provides documentary evidence that suchaction by the State Fire Marshal is pending. (b) All imported fireworks possessed without benefit of the filingof notices as required by this part. (c) Safe and sane fireworks stored in violation of the conditionsrequired by the permit as provided in this part. (d) Safe and sane fireworks sold or offered for sale at retailwhich do not bear the State Fire Marshal label of registration andfiring instructions. (e) Safe and sane fireworks sold or offered for sale at retailwhich are in unsealed packages or containers which do not bear theState Fire Marshal label of registration and firing instructions. (f) Safe and sane fireworks sold or offered for sale at retailbefore 12 noon on the 28th day of June or after 12 noon on the sixthday of July of each year. (g) Each safe and sane fireworks item sold or offered for sale atretail which does not have its fuse or other igniting deviceprotected by a cap approved by the State Fire Marshal, or groups offireworks with exposed fuses which are not enclosed in sealedpackages which bear the State Fire Marshal label of registration. TheState Fire Marshal shall approve such caps as he determines providereasonable protection from unintentional ignition of the fireworks. (h) Dangerous fireworks, including fireworks kits, used,possessed, stored, manufactured, or transported by any person whodoes not possess a valid permit authorizing any activity listed inthis part. (i) Any fireworks stored or sold in any public garage or publicoil station, or on any premises where gasoline or any other class 1flammable liquids are stored or dispensed. (j) Any fireworks still possessed by a person who has just thrownany ignited fireworks at any person or group of persons. (k) Any model rocket engines or model rockets with enginespossessed by any person not holding a valid permit. ( l) Any emergency signaling device sold, offered for sale, orused which does not bear the State Fire Marshal label of registrationas required by this part. (m) Any fireworks or pyrotechnic device offered for sale by anyperson violating any provision of this part.12723.  The authority seizing any fireworks under the provisions ofthis chapter shall notify the State Fire Marshal not more than threedays following the date of seizure and shall state the reason for theseizure and the quantity, type, and location of the fireworks. Anyfireworks, with the exception of dangerous fireworks, seized pursuantto Section 12721 shall be disposed of by the State Fire Marshal inthe manner prescribed by the State Fire Marshal at any timesubsequent to 60 days from the seizure or 10 days from the finaltermination of proceedings under the provisions of Section 12593 orSection 12724, whichever is later. Dangerous fireworks shall bedisposed of according to procedures in Sections 12724 and 12726. Anyfireworks seized by any authority as defined in this chapter, otherthan the State Fire Marshal or his or her salaried assistants, shallbe held in trust for the State Fire Marshal by that authority.12724.  (a) Any person whose fireworks are seized under theprovisions of this chapter may, within 10 days after seizure,petition the State Fire Marshal to return the fireworks seized uponthe ground that the fireworks were illegally or erroneously seized.Any petition filed pursuant to this section shall be considered bythe State Fire Marshal within 15 days after filing or after a hearinggranted to the petitioner, if requested. The State Fire Marshalshall advise the petitioner of his or her decision in writing. Thedetermination of the State Fire Marshal is final unless within 60days after seizure an action is commenced in a court of competentjurisdiction in the State of California for the recovery of thefireworks seized pursuant to this part, except as provided insubdivision (b). (b) The determination of the State Fire Marshal is final in thecase of the seizure of dangerous fireworks, unless within 20 daysafter the notice of the determination is mailed to the petitioner anaction is commenced in a court of competent jurisdiction in the Stateof California for the recovery of the fireworks seized pursuant tothis part.12725.  The State Fire Marshal, his salaried deputies, or any chiefor his authorized representatives as qualified in this chapter mayprevent, stop, or cause to be stopped, any public display inprogress, or any proposed public display, when the location,discharge, or firing of such public display is determined by him tobe hazardous to property or dangerous to the public.12726.  (a) The dangerous fireworks seized pursuant to this partshall be disposed of by the State Fire Marshal in the mannerprescribed by the State Fire Marshal at any time after the finaldetermination of proceedings under Section 12724, or upon finaltermination of proceedings under Section 12593, whichever is later.If no proceedings are commenced pursuant to Section 12724, the StateFire Marshal may dispose of the fireworks after all of the followingrequirements are satisfied: (1) A random sampling of the dangerous fireworks has been taken,as defined by regulations adopted by the State Fire Marshal pursuantto Section 12552. (2) The analysis of the random sampling has been completed. (3) Photographs have been taken of the dangerous fireworks to bedestroyed. (4) The State Fire Marshal has given written approval for thedestruction of the dangerous fireworks. This approval shall specifythe total weight of the dangerous fireworks seized, the total weightof the dangerous fireworks to be destroyed, and the total weight ofthe dangerous fireworks not to be destroyed. (b) To carry out the purposes of this section, the State FireMarshal shall acquire and use statewide mobile dangerous fireworksdestruction units to collect and destroy seized dangerous fireworksfrom local and state agencies. (c) If dangerous fireworks are seized pursuant to a localordinance that provides for administrative fines or penalties andthese fines or penalties are collected, the local government entitycollecting the fines or penalties shall forward 65 percent of thecollected moneys to the Controller for deposit in the State FireMarshal Fireworks Enforcement and Disposal Fund, as described inSection 12728.12727.  (a) The State Fire Marshal shall establish regulationspursuant to the requirements and procedures established with theOffice of Administrative Law to assess fees on all import and export,wholesale, and retail fireworks licensees in California to bedeposited in the State Fire Marshal Fireworks Enforcement andDisposal Fund. (b) In determining the appropriate amount of the fees described insubdivision (a), the State Fire Marshal shall consult with thefireworks industry and import and export, wholesale, and retailfireworks licensees. (c) The total amount of the fees collected shall not exceed thereasonable costs of the statewide programs described in subdivision(c) of Section 12728.12728.  (a) The State Fire Marshal Fireworks Enforcement andDisposal Fund is hereby established in the State Treasury. (b) All of the moneys collected pursuant to Section 12706 shall bedeposited in the fund and shall be available, upon appropriation bythe Legislature, to the State Fire Marshal for the exclusive use instatewide programs for the enforcement, prosecution related to,disposal, and management of seized dangerous fireworks, and for theeducation of public safety agencies in the proper handling andmanagement of dangerous fireworks. (c) All of the moneys collected pursuant to Section 12727 shall bedeposited in the fund and shall be available, upon appropriation bythe Legislature, to the State Fire Marshal for the exclusive use instatewide programs for all of the following: (1) To further assist in statewide programs for the enforcement,prosecution related to, disposal, and management of seized dangerousfireworks. (2) The education of public safety agencies in the proper handlingand management of dangerous fireworks as well as safety issuesinvolving all fireworks and explosives. (3) Assist the State Fire Marshal in identifying and evaluatingmethods to capture more detailed data relating to fires, damages, andinjuries caused by both dangerous and safe and sane fireworks, andto assist with funding the eventual development and implementation ofthose methods. (4) To further assist in public safety and education effortswithin the general public as well as public safety agencies on theproper and responsible use of safe and sane fireworks.