Subject to the provisions of the State Fireworks Law and the provisions of this chapter, "safe and sane fireworks," as defined in Section 12529 of the Health and Safety Code, may be sold within the city during the period beginning at twelve noon on the twenty-eighth day of June and ending at ten p.m. on the fourth day of July of each year. The fireworks shall be discharged in the city only between the hours of eight a.m. and eleven p.m. on July 4th, each year.
(Prior code § 11-19; Ord. 596 § 1, 2003)
It is unlawful for any person, firm, corporation, association or organization to sell or offer for sale any fireworks within the city, except as expressly permitted under the terms herein.
(Prior code § 11-20)
A. 
No person, firm, association, corporation or organization shall sell fireworks within the city without first having applied for and received a permit therefor in compliance with the terms herein, except that fireworks may be sold at wholesale to the holder of such permit.
B. 
No permit shall be issued under the terms of this chapter except to nonprofit youth organizations or corporations organized and existing primarily for charitable, religious, patriotic, veteran, welfare or civic betterment purposes, and only an organization which has its principal and permanent meeting place in the city, and has been organized and established in the city for at least two years prior to the date of the application therefor shall be eligible for such a permit. Any such organization must have a bona fide membership of at least 20 members.
C. 
The maximum number of permits which may be issued pursuant to this chapter during any calendar year shall not exceed one permit for each 3,500 persons of the population of the city.
(Prior code § 11-21)
Each applicant for such a permit shall file a written application with the city clerk showing the following information:
A. 
Name and address of applicant;
B. 
Facts establishing the applicants status as a qualified organization to receive a permit under the provisions herein;
C. 
Names and addresses of the officers of the applicant;
D. 
Location where the applicant proposes to sell fireworks;
E. 
Applications shall be made on or prior to the first Thursday after the first Monday in June of each year;
F. 
Place of storage;
G. 
Permit shall be posted in a conspicuous place in the temporary stand, and shall be available when called for by any authorized official or inspector.
(Prior code § 11-22)
All retail sales of safe and sane fireworks shall be permitted only from within a temporary stand, and sale from any other building or structure is prohibited. Temporary stands shall be subject to the following provisions:
A. 
No stand shall be located within 25 feet of any other building nor within 50 feet of any flammable storage.
B. 
No stand shall have a floor area in excess of 750 square feet, and shall be constructed in a manner which will be safe for attendants and patrons. Stands with excess of 20 feet in length must have an exit each 20 feet.
C. 
Each stand shall have two two-and-one-half-gallon fire extinguishers, in good working order and accessible for use at all times in case of fire.
D. 
All weeds and combustible material shall be cleared from the location of stand for a distance of at least 20 feet.
E. 
Legal no smoking signs shall be posted on the stands, and all persons handling or managing sales therein shall refrain from smoking while on duty therein.
F. 
Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for the sale or dispensing of fireworks.
G. 
All unsold stock and litter shall be removed from the stand and city by twelve noon, July 6th.
H. 
The stand must be removed from the temporary location and all litter cleaned up by July 12th.
(Prior code § 11-23)
Upon receipt of a written application for a permit, the fire chief or fire prevention officer shall make an investigation and submit to the city council a report upon any potential fire hazard that would be created. The city council shall have the power to grant or deny the application. Any permit granted by the city council may be subject to such reasonable conditions and restrictions as may be imposed by the council.
(Prior code § 11-24)
Each applicant for a permit shall have filed with the city clerk prior to the issuance of any permit a policy of public liability insurance with coverage of at least $50,000/$100,000, and a policy of property damage insurance with coverage of at least $25,000 or a certificate showing said amounts of insurance.
(Prior code § 11-25)
Only one permit shall be issued to any applicant, except if after final day of issuance an applicant may get a second permit for another stand if the maximum number of stands are not already in the city, as stated in Section 8.08.050. The permit shall be valid only for the location for which it is issued, and shall be valid only within the calendar year in which issued. No permit shall be transferable, assignable or renewable. Each permit authorizes only the sale of safe and sane fireworks by the applicant at the location or premises designated in the permit.
(Prior code § 11-26)
It shall be the duty of every holder of a permit issued pursuant to this chapter to comply with all the provisions of the State Fireworks Law, the rules and regulations of the State Fire Marshal, the conditions imposed by this chapter, and by any conditions in the permit issued by the council. Violation of any such provisions shall constitute sufficient cause to deny any subsequent application for permit.
(Prior code § 11-27)
The fee for each permit issued under the provisions of this chapter shall be $5 payable prior to issuance of the permit.
(Prior code § 11-28)
Wholesalers must get a permit to deliver in the city. No deliveries may be made prior to June 1st, and after July 4th, during each year.
(Prior code § 11-29)
Any social host, meaning any owner of property or any person who has the right to use, possess or occupy the property under a lease, permit, license, rental agreement reservation or other contract, shall be strictly liable and subject to a citation and fine pursuant to Chapter 1.12 (General Penalty) and Chapter 1.16 (Administrative Citations) for any unlawful ignition, use, discharge or display of any fireworks, whether illegal fireworks or "safe and sane fireworks," at their property.
(Ord. 004-2021 § 2)
The fire chief may grant permits for the use of fireworks that would otherwise be in violation of this chapter. Forms, processes and procedures shall be developed by the city manager, consistent with policy directives of the city council.
(Ord. 004-2021 § 2)
This chapter is not the exclusive regulation for fireworks within the city. It shall supplement and be in addition to the other regulatory codes, statutes, regulations and ordinances heretofore and hereinafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.
(Ord. 004-2021 § 2)