12700. (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 five hundred
dollars ($500) or more than one thousand dollars ($1,000), 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 five hundred dollars ($500) or
more than one thousand dollars ($1,000), 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 one thousand dollars ($1,000)
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 the county jail for not more than one year, or by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000), 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
in the state prison or the county jail for not more than one year,
or by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), 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 in the state prison or the county
jail for not more than one year, or by a fine of not less than ten
thousand dollars ($10,000) or more than fifty thousand dollars
($50,000), 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.
12701. 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.
12702. Notwithstanding the provisions of 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 five thousand
dollars ($5,000), 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.
12703. (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.
12704. 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.
12706. 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.
12700. (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 five hundred
dollars ($500) or more than one thousand dollars ($1,000), 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 five hundred dollars ($500) or
more than one thousand dollars ($1,000), 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 one thousand dollars ($1,000)
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 the county jail for not more than one year, or by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000), 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
in the state prison or the county jail for not more than one year,
or by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), 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 in the state prison or the county
jail for not more than one year, or by a fine of not less than ten
thousand dollars ($10,000) or more than fifty thousand dollars
($50,000), 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.
12701. 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.
12702. Notwithstanding the provisions of 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 five thousand
dollars ($5,000), 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.
12703. (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.
12704. 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.
12706. 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.
12700. (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 five hundred
dollars ($500) or more than one thousand dollars ($1,000), 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 five hundred dollars ($500) or
more than one thousand dollars ($1,000), 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 one thousand dollars ($1,000)
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 the county jail for not more than one year, or by a fine of not
less than one thousand dollars ($1,000) or more than five thousand
dollars ($5,000), 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
in the state prison or the county jail for not more than one year,
or by a fine of not less than five thousand dollars ($5,000) or more
than ten thousand dollars ($10,000), 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 in the state prison or the county
jail for not more than one year, or by a fine of not less than ten
thousand dollars ($10,000) or more than fifty thousand dollars
($50,000), 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.
12701. 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.
12702. Notwithstanding the provisions of 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 five thousand
dollars ($5,000), 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.
12703. (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.
12704. 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.
12706. 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.
