No person shall erect, buy or lease any temporary stand for the display and sale of fireworks without first obtaining a permit to do so. Such permits shall be issued by the director of community development only in accordance with the provisions of this chapter.
(Prior code § 12-1; Ord. 1408 § 1, 2001)
A. 
Permits for temporary stands for the display and sale of fireworks shall be issued only to local charitable, civic or patriotic nonprofit groups or organizations.
B. 
Each such corporation, group or organization shall be limited to one permit per year, unless otherwise approved by minute action or resolution of the city council, and each permit shall be limited to one stand.
C. 
The term "local" means that the applicant corporation, group or organization maintains a permanent meeting place or place of business within the city limits of the city of Buena Park, and has done so for at least one year prior to the date the application is filed. "Local" shall also refer to such applicant corporation, groups or organizations with at least fifty percent of its attendance of membership being composed of residents of the city of Buena Park.
(Prior code § 12-2; amended during 1990 codification; Ord. 1543 § 1, 2010)
A. 
All applications for a permit for a temporary stand for the display and sale of fireworks shall be made in writing and filed with the director of community development no later than the close of business on June 1st of the year for which the permit is requested and shall state the name of the applicant, the applicant's address, the location of the proposed stand, the name or names of the person or persons who will actually operate the stand on behalf of the applicant and a complete account of the proposed distribution of all gross proceeds of fireworks sold at the proposed stand.
B. 
The director of community development shall have the discretionary authority to grant or deny the application, subject to such reasonable conditions, if any, as may be prescribed.
C. 
An applicant may appeal a denial of the permit by the director of community development or appeal the imposition of conditions on such a permit by the director of community development. Such appeal shall be in writing to the city clerk within ten days after notification of the decision of the director of community development. The city council shall hear such appeal and may grant or deny the application, subject to such reasonable conditions as it may prescribe.
(Prior code § 12-3; amended during 1990 codification; Ord. 1295 § 1, 1993; Ord. 1297 § 1, 1993; Ord. 1331 § 1, 1996; Ord. 1408 § 2, 2001)
The application for a permit for a temporary stand for the display and sale of fireworks shall be accompanied by a filing fee made payable to the city in an amount established by resolution of the city council.
(Prior code § 12-4; Amended during 1990 codification)
An investigation shall be made by the police department, and a report submitted to the director of community development with recommendations for or against the issuance of the permit, together with their reasons therefor.
(Prior code § 12-5; amended during 1990 codification; Ord. 1408 § 3, 2001)
Only "safe and sane fireworks," as defined in Section 12529 of the California Health and Safety Code, or any successor provision thereto, may be sold at temporary stands.
(Prior code § 12-6; amended during 1990 codification; Ord. 1497 § 1, 2007; Ord. 1550 § 1, 2011)
No fireworks shall be sold except between the hours of ten a.m. and ten p.m. during the days of July 1st, July 2nd and July 3rd, and ten a.m. and nine p.m. during the day of July 4th. In addition, in any year where July 4th is on a Wednesday, fireworks may be sold on the additional day of June 30th between the hours of ten a.m. and ten p.m.
(Prior code § 12-7; amended during 1990 codification; Ord. 1295 § 2, 1993; Ord. 1297 § 2, 1993; Ord. 1410 § 1, 2001; Ord. 1411 § 1, 2001; Ord. 1550 § 2, 2011)
A. 
Fireworks shall be stored or kept only in the licensee's sales booth. Fireworks shall not be stored in any residential garage, any home or any automobile in residential areas.
B. 
The licensee may, upon receiving approval of the chief of police, permit a person over the age of twenty-one to act and serve as watchperson outside the booth during the night hours of storage.
(Prior code § 12-8; Amended during 1990 codification)
All temporary stands for the display and the sale of fireworks shall be located, maintained and operated subject to the following provisions:
A. 
Any person operating any such stand shall abide by and comply with all requirements set forth in the application for permit to operate the same, and all conditions and restrictions imposed by the director of community development or the city council in granting the permit.
B. 
By the close of business on June 1st of the year for which the permit is granted for the erection of any such stand, the permittee shall post with the city a refundable deposit in the amount of two hundred dollars, to be forfeited in the event such holder shall not remove the stand, equipment and all rubbish from the premises upon which the stand is located to the satisfaction of the director of community development before midnight, July 7th of the year for which the permit is granted. If such stand, equipment and rubbish are so removed within such a period of time, the deposit shall be returned to the holder of the permit.
C. 
By the close of business on June 1st of the year for which the permit is granted for the erection of such stand, the permittee shall procure public liability and property damage insurance covering its operations and activities in and about the stand and premises, in such minimum amounts and form as determined by the city manager or designee, and shall file a certificate evidencing such insurance with the city clerk.
D. 
No such stand shall be erected within one hundred feet of any gasoline service station or of any other structure.
E. 
There shall be maintained in each premises or stand within which fireworks are sold or offered for sale an approved Class 2A fire extinguisher. Where such stand is provided with electrical power by a gasoline-powered generator, an additional 10BC, dry chemical fire extinguisher shall be installed.
F. 
No person shall light or cause or permit to be lighted any match, fireworks, device or other combustible article within any such stand or within thirty feet thereof.
G. 
No electrical appliances of any description, except permanently installed lights or battery-operated devices, shall be permitted within any such stand.
H. 
There shall be no drinking or storage of alcoholic beverages in or around such stand at any time.
I. 
The permittee shall maintain a distance of thirty feet around such stand in a neat and orderly manner, and free from weeds, trash, rubbish and other debris.
J. 
No person under the age of eighteen years shall be permitted within any such stand.
K. 
No person shall be permitted to remain inside any stand during non-business hours, except for unloading or loading of merchandise.
L. 
Firework stands shall only be erected on developed land.
M. 
The maximum number of temporary stands for the display and sale of fireworks, including permits therefor, and temporary fireworks stand permit requirements that are in addition to those set forth in this chapter, if any, shall be established by resolution of the city council.
(Prior code § 12-9; amended during 1990 codification; Ord. 1295 § 3, 1993; Ord. 1297 § 3, 1993; Ord. 1408 §§ 4, 5, 2001; Ord. 1541 § 1, 2010; Ord. 1543 § 2, 2010)
All booths and stands shall be constructed of either wood or metal studs of sufficient size to adequately support the roof, and shall have an exterior of noncombustible material. Service openings shall be a minimum of forty inches from the ground level, with at least twelve inches of one-half-inch wire mesh at the bottom of such service openings. All such booths and stands shall have at least two exits from the booth or stand. All wiring shall be in rigid conduit, flex conduit, or construction grade temporary cords, properly grounded. Electrical connections shall be at least twelve feet above ground, when subject to foot traffic, and at least sixteen feet above ground when subject to automobile and truck traffic. The booth or stand shall be equipped with suitable covers or shutters to completely seal off the service openings during those hours that the booth or stand is unattended.
(Prior code § 12-10; amended during 1990 codification; Ord. 1408 § 6, 2001)
A. 
Safe and sane fireworks, as defined in Section 12529 of the California Health and Safety Code, or any successor provision thereto, may be discharged within the city of Buena Park only on July 4th of each year, between the hours of ten a.m. and ten p.m.
B. 
It is unlawful to sell, give away or otherwise furnish any fireworks to any person under sixteen years of age except when such person is in the presence of and under the direct supervision of an adult.
C. 
It is unlawful for any person under sixteen years of age to purchase, possess or discharge any fireworks except in the presence of and under the direct supervision of an adult.
D. 
The discharge of fireworks is prohibited on any public property with the exception of all public streets and rights-of-way other than La Palma Avenue, between Western Avenue and El Monte Drive.
E. 
The discharge of fireworks shall not be permitted on private property without the property owner's permission.
F. 
No person shall sell, discharge, or possess dangerous fireworks, as defined by the California Health and Safety Code, within the city of Buena Park at any time, without first obtaining all required permits and licenses.
(Prior code § 12-11; amended during 1990 codification; Ord. 1295 § 4, 1993; Ord. 1297 § 4, 1993; Ord. 1424 § 1, 2002; Ord. 1497 § 2, 2007; Ord. 1516 § 2, 2008; Ord. 1550 § 3, 2011)
A. 
It is unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, for violations of Section 16.08.110 to occur or otherwise take place on his or her private property, without first obtaining all required permits and licenses.
B. 
As used in this section, a "social host" means a person or persons with a right of possession of the residence or other private property at which illegal fireworks are sold, offered to be sold, possessed, stored, used, ignited or discharged, including, but not limited to: (1) any owner of the residence or other private property—meaning the record owner of the title to property as of the time of the possession, storage, sale, use, ignition or discharge, wherever that person or entity resides at that time; (2) a tenant or lessee of the residence or other private property at the time when the illegal fireworks are possessed, stored, sold, used, ignited, or discharged; (3) the person(s) in charge of the residence or other private property at the time when illegal fireworks are possessed, stored, sold, used, ignited or discharged; and (4) the person(s) who organizes, supervises, officiates, conducts or controls the gathering or any other person(s) accepting responsibility for such gatherings where illegal fireworks are possessed. A social host need not be present at the time illegal fireworks are possessed, stored, sold, used, ignited or discharged for the city to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition or discharge is not a pre-requisite to a finding that any specific individual is a social host as defined by this section.
(Ord. 1703 § 2, 2022; Ord. 1751, 4/22/2025)
A. 
Any person found in violation of this chapter shall be guilty of a misdemeanor and may be issued an administrative citation that is punishable by an administrative fine in the amount of $1,000 for a first violation; $2,000 for a second violation occurring within a 36-month period; and $3,000 for each additional violation occurring within a 36-month period.
B. 
Notwithstanding subsection A, any person found to be in violation of Section 16.08.120 (Social host prohibited) shall be guilty of a misdemeanor and may be issued an administrative citation that is punishable by administrative fine in the amount of $2,000 for a first violation; $4,000 for a second violation occurring within a 36-month period; and $6,000 for each additional violation occurring within a 36-month period.
C. 
In addition to administrative fines, any person found in violation of this chapter shall be responsible for reimbursement or payment of all expenses, costs, and/or fees associated with the safe disposal of all confiscated fireworks.
D. 
In the event that a "juvenile" (defined as any person under the age of 18) is found in violation of this chapter, then the parents or guardians of that juvenile shall be jointly and severally liable for any administrative fines, expenses, costs, or fees incurred or imposed. At the discretion of the city attorney or city prosecutor, community service hours may be served in lieu of the payment of penalties for violations by a juvenile.
E. 
The remedies set forth in this section are in addition to all other legal and equitable remedies, administrative, criminal or civil, available to the city to address violations of this chapter or California law.
(Ord. 1703 § 2, 2022; Ord. 1751, 4/22/2025)