SECTIONS 12540-12541.1 - California Statutes

HEALTH AND SAFETY CODE

SECTION 12540-12541.1

12540. The provisions of this part shall not apply to any of the
following:
(a) Explosives regulated under Part 1 (commencing with Section
12000) of Division 11.
(b) Arms and handguns defined as firearms by the Federal Gun
Control Act of 1968, as well as such devices and weapons classified
under Section 12020 or 12301 of the Penal Code, including blank
cartridge pistols of the type used at sporting events or theatrical
productions.
(c) Research or experiments with rockets or missiles or the
production or transportation of rockets or missiles by the Department
of Defense of the United States, or by any agency or organization
acting pursuant to a contract with the Department of Defense for the
development and production of rockets or missiles.
(d) Paper caps which contain less than 0.25 grain of pyrotechnic
composition per unit load.

12540. The provisions of this part shall not apply to any of the
following:
(a) Explosives regulated under Part 1 (commencing with Section
12000) of Division 11.
(b) Arms and handguns defined as firearms by the Federal Gun
Control Act of 1968, as well as such devices and weapons classified
under Section 16460 of the Penal Code or any provision listed in
Section 16590 of the Penal Code, including blank cartridge pistols of
the type used at sporting events or theatrical productions.
(c) Research or experiments with rockets or missiles or the
production or transportation of rockets or missiles by the Department
of Defense of the United States, or by any agency or organization
acting pursuant to a contract with the Department of Defense for the
development and production of rockets or missiles.
(d) Paper caps which contain less than 0.25 grain of pyrotechnic
composition per unit load.

12541. Nothing in this part authorizes the sale, use, or discharge
of fireworks in any city, county, or city and county in which the
sale, use, or discharge is otherwise prohibited or regulated by law
or ordinance.

12541.1. (a) A special district which provides fire protection,
prevention, or suppression services may adopt an ordinance or
regulation to prohibit or regulate the sale, use, or discharge of
fireworks within that special district.
(b) If the county or city in which any area of the special
district is located has adopted an ordinance or regulation to
prohibit or regulate the sale, use, or discharge of fireworks within
that county or city, the ordinance or regulation adopted by the
county or city shall prevail over the ordinance or regulation adopted
by the special district within any area of the special district
which is within that county or city, and only the ordinance or
regulation adopted by the county or city shall be operative in that
area of the special district.
(c) If any area of a special district encompasses lands which are
a state responsibility area, as defined in Sections 4125 and 4126 of
the Public Resources Code, any regulation or prohibition of the state
with respect to the sale, use, or discharge of fireworks within the
state responsibility area shall prevail over any ordinance or
regulation of the special district within that area.