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2011 California Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagca0096 and id is 1 raw text is: TO BE PUBLISHED IN THE OFFICIAL REPORTS

OFFICE OF THE ATTORNEY GENERAL
State of California
KAMALA D. HARRIS
Attorney General
OPINION                              No. 07-503
of                 :           December 20, 2011
KAMALA D. HARRIS
Attorney General
DIANE E. EISENBERG
Deputy Attorney General
THE HONORABLE JAMES F. PENMAN, PROSECUTING CITY ATTORNEY
FOR THE CITY OF SAN BERNARDINO, has requested an opinion on the following
questions:
1.    May a city enact an ordinance making it unlawful and a misdemeanor
violation for any person to sell, offer for sale, use, discharge, possess, store, or transport
any fireworks within city limits that are not exempt fireworks or safe and sane
fireworks as defined in Health and Safety Code sections 12508 and 12529, respectively?
2.    If a city is authorized to enact such an ordinance, may it impose an
administrative fine pursuant to Government Code section 53069.4 of up to $1,000 for
each violation?

07-503

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