Q: I was fined $2,500 for a fireworks violation at my rental property. I was out of the State at the time. Illegal Code?
Seaside CA, Police issued me the fine on 26 Jul 18 for the violation on 4 Jul 18. On 4 Jul 18, I was in a different State. According to the code, link below, homeowners can be held responsible for violations on their property. I am experiencing a great deal of stress over this, losing sleep, headaches, nausea and the like. My job requires I keep a clean record, no crimes of any type allowed. I have been labeled a criminal and I seem to have no recourse. Can I sue the city for knowingly creating unlawful codes? What should I do?
http://www.codepublishing.com/CA/Seaside/html/Seaside08/Seaside0832.html#8.32.190
A: The statute seems to hold the owner of the house responsible for any fireworks that are set off somewhere on your property. If one of your friends or family set off fireworks illegally while you were away, then it appears that the statue was violated by whoever set off the fireworks. You have not been labeled a criminal; you have simply been charged with the violation of a city (or state) code. I don't think it will appear on your record, or employment history, and I assume you only have to pay a fine. You can try to fight the City, but I don't think that you can get out of it, as the wording of the Code seems clear.
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