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Like other police departments, with the coming of July 4th, 2011 festivities, the Long Beach 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.

Long Beach Municipal Code Section 3308.2 provides as follows:

"The possession, use and discharge of fireworks, as defined in the Fire Code, is prohibited within the City limits with the exception of fireworks displays which are approved by both the Fire Department and the City Council."

Long Beach Municipal Code Section 18.48.010, the penalties for violation section 3308.2 are as follows:

"Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, punishable as provided by law. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions."

Violation 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 [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. ********************************

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