Ventura

Plaintiffs and appellants, licensed sellers of “safe and sane” fireworks (Ventura et al.) and a licensed manufacturer and distrib utor of “safe and sane” fireworks (Pyrotronics) appeal from the judgment of the Superior Court of Santa Clara County upholding San Jose Municipal Code section 17.12.260 and Santa Clara County Ordinance Code section 12.102.5, which in effect ban the selling of fireworks. The trial court held that the laws do not conflict with the State Fireworks Law (Health & Saf. Code, § 12500 et seq.) and that the state Legislature has not preempted the field of fireworks regulation to preclude a local ordinance banning the sale of fireworks. We disagree.

The authority of local government to make and enforce ordinances for the protection of the public health and safety is unquestionable. (Cal. Const., art. XI, § 7.) This police power is as broad as the police power exercisable by the state Legislature itself. (Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 140 [ 130 Cal.Rptr. 465 , 550 P.2d 1001 ].) However, if the field of legislation has been fully occupied by the state, preemption exists and there is no room for supplementary or complementary local…