Will You Be Arrested for Using Fireworks on July 4th? Los Angeles Criminal Defense Lawyer Explains

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Los Angeles July 4th fireworks festivities: http://golosangeles.about.com/od/losangelescalendar/a/July4th.htm

Los Angeles Fire Department guidelines with respect to fireworks: http://www.fire.lacounty.gov/fireprevention/PDFs/Reg/fpr_ch7_11.pdf

With the coming of July 4th, 2011 festivities, the Los Angeles Police Department is likely to step up enforcement of local municipal codes and California Health and Safety Code sections that prohibit and/or regulate the use, sale, discharge and possession of fireworks.

Los Angeles Municipal Code section 57.55.01, governing fireworks, states as follows:
"It shall be unlawful for any person to use, give, possess, sell, or discharge any fireworks."

Violation of this code can result in incarceration in the county jail for up to one year and payment of $1000 in fines.

On the state level, violation of any of California's myriad fireworks prohibitions and regulations can be extremely dangerous in terms of the penalties you may face.

Unlike other laws, you can be charged with a new offense with each day you violate a California fireworks law.

California Health and Safety Code Section 12701 provides: "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 [referring to California's fireworks laws].")

Dangerous fireworks are illegal in California. California Health and Safety Code Section 12505 lists a series of such "dangerous" fireworks.

Only holders of "special display licenses" are exempt from this ban. "Exempt" fireworks are those which the California Fire Marshall has determined to be limited to agricultural, commercial, or industrial use or for religious ceremonies.

Fireworks that are not considered "dangerous" are designated "Safe and sane" and generally comply with state fireworks laws. Even then, such fireworks can only be sold by:

- a "fixed place of business" by a person or persons carrying retail sales licenses;

- the sale must occur from June 28th at 12pm to July 6th at 12pm (except for snap caps and party poppers, which may be sold any time during the year);

- must abide with local ordinances, some of which may be more restrictive

If you or a loved one is cited or arrested for violation the Health and safety Code laws relating to fireworks, you need nothing but the most aggressive, knowledgeable and experienced criminal defense counsel you can get.

Call us at 877-338-4489 for your free consultation.

Health and Safety Code sections 12511, 12576, 12505, 12508, 12529, 12599, 12672, 12574, 12677, 12680, 12676, 12687, 12688, 12560, 12689, 12721, 12700,
12702, 12703, 12540

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• 12689
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