The following words and phrases, as used in this chapter, are
defined as follows:
for purposes of this chapter, shall be presumed to be the
following:
means an administrative citation issued pursuant to this
section to remedy a violation.
means any person served with an administrative citation charging
him or her as a responsible person for violation.
means the Merced County Code.
means Merced County.
means the person in charge of the county fire department
either as assigned by the county executive officer or through contractual
obligation, or designee. As of the date of the adoption of the ordinance
codified in this chapter, the county fire chief is the Madera Mariposa
Merced Unit Chief of the California Department of Forestry and Fire
Protection (CAL FIRE).
means "dangerous fireworks" as defined in the California
Health and Safety Code Sections 12505 and 12561, and the regulations
of Title 19, California Code of Regulations, Subchapter 6, which are
hereby incorporated by reference with subsequent modifications.
means any designated paid fire prevention officer employed
to work in Merced County and any law enforcement officer of Merced
County designated by the Merced County fire chief to enforce any provision
of this chapter.
means any building, counter, or other structure of a temporary
nature used in the sale, offering for sale, or display for sale of
fireworks that may be described as safe and sane fireworks.
means a permit for sales of safe and sane fireworks issued pursuant to Section 9.26.050 of this chapter.
means any person, other than an importer, exporter or manufacturer,
who purchases fireworks from a manufacturer, importer or exporter
for resale to a retailer or any other person for resale, or any person
who sells fireworks to other wholesalers or retailers for resale.
shall be a delegated officer "of the county fire department"
superior in rank to the enforcement officer.
means any nonprofit association, charity or corporation organized
primarily for veteran, patriotic, welfare, civic betterment, religious,
athletic or charitable purposes pursuant to the Internal Revenue Code
or California Secretary of State, or a group which is an integral
part of a recognized national organization having such tax-exempt
status; or an organization affiliated with and officially recognized
by an elementary, junior high and/or high school and/or school district
that serves, in whole or in part, students from the unincorporated
areas of Merced County; or a public and/or private community college,
college or university which is located within the boundaries of Merced
County.
means a natural person or a legal entity.
shall include, but not be limited to, a permanent structure,
playing field, geographic area or service population which resides
in or is located within the unincorporated portions of Merced County.
means an entertainment feature where the public is admitted
or permitted to view the display or discharge of fireworks.
means any group or organization which has met all of the
following criteria for a continuous period of not less than one full
year preceding submittal of an application for a permit to sell required
by this chapter and which continues to meet the criteria for the duration
of any permit to sell issued by Merced County pursuant to this chapter:
The organization shall be a nonprofit organization pursuant
to requirements established by either the Internal Revenue Code or
California Revenue and Taxation Code; or a group which is an integral
part of a recognized national organization having such tax-exempt
status; or an organization affiliated with and officially recognized
by an elementary, junior high and/or high school and/or school district
that serves, in whole or in part, the residents of the unincorporated
areas of Merced County; or public and/or private community college,
college and/or university which is located within the boundaries of
the unincorporated portions of Merced County. Only one application
per school will be allowed. If an organization is affiliated with
a recognized educational institution as defined in this section, but
maintains a separate tax exempt status with the Internal Revenue Service
or the California Secretary of State, said nonprofit organization
shall be allowed a separate application;
The organization shall be organized primarily for veterans,
patriotic, welfare, civic betterment, religious, athletic, educational,
youth development or charitable purposes which provide ongoing community
services and benefits to the residents of the area within which they
propose to sell fireworks;
The organization must have a permanent meeting place or established
area of service within the portion of the county in which it proposes
to place the stand. This qualification shall be subject to the reasonable
determination of the county fire chief;
The organization must be one which provides direct and regular
community services and benefits to the residents of the unincorporated
area of the county in which it proposes to place the stand;
The organization must have a minimum bona fide combined membership
of at least 30 members who either reside in the county or are owners
or operators of a business or other establishment located in the county;
The organization has not been found by any court of competent
jurisdiction or county administrative hearing officer to be in violation
of any civil or criminal local, state or federal law relating to fireworks
within 24 calendar months prior to the organization's submittal of
an application for a permit to sell;
The organization has not had a permit to sell revoked within
24 months prior to the organization's submittal of an application
for a permit to sell.
means a person who causes a violation of this chapter to
occur or allows a violation to exist or continue, by his or her action
or failure to act, or whose agent, employee or independent contractor
causes a violation to occur, or allows a violation to exist or continue.
There is a rebuttable presumption that the record owner of a residential
parcel, as shown on the county's latest equalized property taxes assessment
rolls, and a lessee of a residential parcel has a notice of any violation
existing on said property. For purposes of this chapter, there may
be more than one responsible person for a violation. Any person, irrespective
of age, found in violation of any provision of this chapter may be
issued a citation in accordance with the provisions of this chapter.
Every parent, guardian or other person, having the legal care, custody
or control of any person under the age of 18 years, who knows or reasonably
should know that a minor is in violation of this chapter, may be issued
a citation in accordance with the provisions of this chapter, in addition
to any citation that may be issued to the offending minor.
means safe and sane fireworks as set forth in Health and
Safety Code Sections 12529 and 12562 and the relevant regulations
of Title 19, Code of Regulations, Subchapter 6 which are hereby incorporated
by reference.
refers to any violation of any provision of this chapter.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
Except as otherwise provided in this chapter, no person shall
possess, sell, use, display or explode any "dangerous fireworks" including,
but not limited to, any rocket, firecracker, roman candle, squib,
torpedo, wire core sparkler, wooden core sparkler, black cartridge,
aerial shell or other combustible device or explosive substance or
any kind of fireworks, by whatsoever name known, or any altered safe
and sane fireworks within Merced County.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
It is not unlawful to possess, sell, use, display or discharge,
within the county, those fireworks that are defined and classified
as safe and sane fireworks (a.k.a. "state-approved fireworks") in
the California State Fireworks Law (Section 12500 et seq., of the
Health and Safety Code and the relevant sections of Title 19, Code
of Regulations, Subchapter 6) during that time period specified in
this chapter.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
This chapter relating to safe and sane fireworks does not modify or limit the prohibitions in Chapter 9.24 in general or Section 9.24.160 which limits specific types of fireworks and those of similar effect. The use of safe and sane fireworks is allowed by this chapter subject to limitations on dates, times, and control of use under this exception.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
It is unlawful for any person to sell safe and sane fireworks
within the county without having first applied for and received a
fireworks stand sales permit therefor, pursuant to this chapter. Any
permitted sales shall comply with all current California statutes
and regulations.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
Submission
and review of applications by qualified applicants:
1.
No
nonprofit organization shall submit more than one application for
a permit to sell safe and sane fire-works within the county. If more
than one application is submitted on behalf of any nonprofit organization,
including an affiliated organization, all such requests may be voidable
at the discretion of the county fire chief.
2.
Each
application will be screened by the county fire chief to determine
if the nonprofit organization submitting it meets the criteria to
be classified as a "qualified applicant" in accord with the definitions
within this chapter.
B.
Every
application for a fireworks stand sales permit shall be accompanied
by a nonrefundable fee of $400 as imposed by this chapter. These fees
shall be used to pay for the cost of issuing and regulating the permits
and operation of stands during the period of allowed sales.
C.
All
applications for fireworks stand sales permits shall be submitted
in writing to the administrative office of the Merced County fire
marshal on forms supplied by the county, which forms shall require
the submission of information including, but not limited to, the following:
1.
The
location where the applicant will sell safe and sane fireworks, with
written approval and consent to use such location for such use by
the owner or lessee;
2.
The
zoning district applicable to the location where such fireworks are
to be displayed and sold;
3.
A
plot plan or drawing with dimensions, showing the location of the
temporary fireworks stand, property lines, setbacks from road rights-of-way,
utilities, location of permanent and temporary structures, driveways,
parking spaces, and any on-site sanitary facilities.
D.
All
fireworks stands must be located on commercially or industrially zoned
property, and are prohibited in all other zones within unincorporated
Merced County, unless the property contains a church, school, or other
publicly-owned, non-residential land use.
E.
No fireworks
stand or storage area shall be located within 20 feet of any other
building or structure, within 10 feet of any curb line, or within
100 feet of any combustible fuel dispensing station, fuel storage
tank fill connection, or another fireworks stand.
F.
Applications
must be filed beginning February 1st through April 1st, inclusive.
Applications filed before or after these periods shall not be accepted:
1.
Applications
for fireworks stand sales permits will be reviewed by the fire department
pursuant to requirements of this chapter. Fireworks stand sales permits
shall be issued by the county fire chief, after consultation with
various county departments involved in the land use permitting process.
Any other business and operational licenses, permits, or other authorizations
will still be required if otherwise required by law.
2.
Applications
shall be accompanied by an assurance that, if the permit is issued
to the applicant, the applicant shall, at the time of receipt of such
permit, deliver to the county a certificate evidencing an occurrence-based
policy of insurance naming the "Merced County" as an additional insured
thereunder, with the following minimum limits: two million dollars
($2,000,000.00) public liability and property damage; and general
aggregate coverage of five million dollars ($5,000,000.00). No policy
will be acceptable which contains a provision allowing a deductible
amount. All additional insured certificates shall waive subrogation
claims against Merced County.
3.
The
submission of an application within the timeframes specified herein
shall not be construed as a guarantee that a permit will be issued,
or that a decision on such application will be timely rendered. The
county fire chief shall have the discretion to decline to process
applications if, in their sole discretion, such processing cannot
be done consistent with the public health, safety, and welfare.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
The
county fire chief may issue a permit to a qualified applicant to sell
safe and sane fireworks unless:
1.
The
applicant has failed to provide sufficient plans, information or other
data necessary to enable a determination respecting compliance with
the requirements of this chapter; or
2.
The
application fails to demonstrate that the proposed fireworks stand
sales would be in compliance with any of the requirements of this
chapter or other applicable law; or
3.
The
county fire chief determines that the proposed fireworks stand sales
would be inconsistent with public health, safety, or welfare, or would
otherwise be contrary to the public interest.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
If the deadline for submitting any type of application, payment
of any administrative fine, filing of a notice of appeal, etc. called
for within this chapter falls on a day the county offices are closed,
the deadline shall automatically be extended to the close of business
of the next day county offices are open.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
Each
fireworks stand sales permit recipient may operate only one fireworks
stand in the county of Merced, including permits issued by incorporated
cities in the county.
B.
Other
provisions regarding fireworks stand sales permit applications:
1.
Two
or more eligible nonprofit organizations may jointly submit an application
pursuant to this chapter and may receive a single fireworks stand
sales permit to jointly sell fireworks, provided that each must be
a qualified applicant. Fireworks stand sales permit recipients may
select one or more other qualified applicants to join it in a joint
venture operation of the fireworks stand, provided that any such joint
venture would have been a qualified applicant for a fireworks stand
sales permit that same year;
2.
Fireworks
stand sales permits are valid only during the specific period of time
as issued.
C.
Each
nonprofit organization receiving fireworks stand sales permit must
have at least one representative attend a fireworks stand operator
safety seminar approved by the county fire chief for the same year
in which the fireworks stand sales permit is issued. Failure of a
nonprofit organization to attend the seminar shall result in the revocation
of the fireworks stand sales permit.
D.
Prior
to the issuance of a fireworks stand sales permit and in addition
to those other requirements set forth in this chapter or on the permit
application, each permittee shall provide or demonstrate compliance
with all of the following:
1.
A
copy of the permittee's California State Board of Equalization temporary
sales tax permit;
2.
Throughout the term of a permit issued pursuant to this chapter, each permittee shall pay for and maintain in full force and effect policies of insurance in a form and amount and with coverage types required by the county as described in Section 9.26.060. The policies of insurance shall name the county, its officers, officials, agents, and employees as additional insured and waive subrogation rights of the insurer.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
No person
shall knowingly sell fireworks to any person under the age of 18.
Proof that the fireworks stand operator/organization demanded, was
shown and acted in reliance upon bona fide evidence of age and identity
in any sale of fireworks as required by this chapter shall be a defense
for any proceedings for suspension or revocation of its fireworks
stand sales permit or any criminal proceedings for violations of this
chapter concerning sales to minors. For purposes of this section,
bona fide evidence of age and identity of purchaser is a document
issued by a federal, state, county or municipal government which contains
a photograph of the purchaser including, but not limited to, a valid
California driver's license or identification card issued to a member
of the armed forces;
B.
The
sale of safe and sane fireworks shall not exceed the period defined
by the State Fire Marshal or county fire chief for any given year,
but in no event shall begin earlier than twelve noon on June 28th
and shall not continue after ten p.m. on July 4th of the same year.
Unless the State Fire Marshal or county fire chief designates more
restrictive times, sale of fireworks shall be permitted only from
twelve noon to ten p.m. on June 28th and from nine a.m. to ten p.m.,
daily, on June 29th through July 4th;
C.
No person
other than the individuals who are members of the permittee and/or
joint venture nonprofit organization(s) or the wives, husbands, parents
or adult children of such members shall sell or otherwise participate
in the sale of safe and sane fireworks inside such stand;
D.
No person
under the age of 18 shall sell or participate in the sale of safe
and sane fireworks within such stand;
E.
No person
shall be paid any consideration by the permittee nonprofit organization(s)
or any wholesaler/distributor of safe and sane fireworks for selling
or otherwise participating in the sale of safe and sane fire-works
at such stand; provided, however, that compensation may be paid for
licensed security personnel during sale or non-sale hours and to the
party authorizing the location of the stand on its property;
F.
All
fireworks shall be retained at the approved fireworks stand location
or at a location approved in writing by the county fire chief;
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
All retail sales of safe and sane fireworks shall be permitted
from within a temporary fireworks stand, and the retail sales from
any other building or structure is hereby prohibited. Temporary stands
shall be subject to NFPA 1124 Code for the Manufacture, Transportation,
Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, most
current edition.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
All
unsold stock of fireworks in the hands of the permittee after ten
p.m. on the 4th day of July shall be returned to the wholesaler/distributor
and removed from the Merced County within 10 days. On closing of the
safe and sane fireworks stand, all litter shall be removed from the
premises. All forms or pieces of broken, damaged, and deformed fireworks
shall be returned to the distributor by prearrangement;
B.
Each
safe and sane fireworks location must post its county fireworks stand
sales permit, its temporary sales tax permit from the California State
Board of Equalization, and proof of their required insurance in a
prominent place inside the fireworks stand;
C.
All
weeds and combustible material shall be cleared from the location
of the stand, including a distance of at least 50 feet surrounding
the point of sale;
D.
"NO
SMOKING" signs shall be prominently displayed on the fireworks stand.
No smoking signs incorporated into the stand signage provided by the
wholesaler shall be deemed sufficient if clearly identifiable and
effective;
E.
Each
fireworks sales stand shall be provided with two certified, two and
one-half gallon pressurized water type fire extinguishers, or two
certified 2A10BC dry chemical/powder type fire extinguishers, in good
working order, and easily accessible for use in case of fire. Alternate
means of extinguishing fires equal to or superior to these devices
may be approved by the Fire Marshal for use at these locations;
F.
Each
stand must have an adult in attendance and in charge thereof when
the stand is being used for sale or dispensing of fireworks;
G.
No fuel-powered
generator or similar equipment shall be allowed within 25 feet of
a fireworks stand;
H.
Fireworks
stands shall comply with National Fire Protection Association Standard
NFPA 1124 for the Manufacture, Transportation, Storage, and Retail
Sales of Fireworks and Pyrotechnic Articles or as modified for use
in the year a permit is issued;
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
The
decision of the county fire chief to deny, decline to issue, or revoke
a permit shall be the final administrative decision of the county,
and shall not be subject to an administrative appeal process.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
A.
It is
unlawful to discharge any safe and sane fireworks except during the
hours of nine a.m. to eleven p.m. on the days on which said safe and
sane fireworks may be sold;
B.
It is
unlawful for any person to ignite, discharge, project or otherwise
fire or use, any "safe and sane fireworks," or permit the ignition,
discharge or projection thereof, upon or over or onto the property
of another without his or her consent or to ignite, discharge, project
or otherwise fire or make use of any safe and sane fireworks within
10 feet of any residence, dwelling or other structure used as a place
of habitation by human beings;
C.
No fireworks
shall be discharged, ignited, or in any way intentionally or negligently
be allowed to enter areas designated as "high fire hazard areas,"
by the county fire chief, the Fire Marshal, enforcement officers,
and by fire prevention offices in incorporated areas of the county;
D.
It is
unlawful for any person to sell, offer for sale, give away, have in
his or her possession, fire, set off, discharge, or use, or cause
or permit to be sold any safe and sane fireworks as defined under
this chapter and Health and Safety Code Section 12529, within the
unincorporated area of the county known as the "State Responsibility
Area" ("SRA") designated by the California Department of Forestry
and Fire Protection (CAL FIRE) in the foothills and mountains of the
county within which the CAL FIRE has fire suppression responsibility.
Maps designating the SRA shall be posted and made available to the
public in all county fire stations.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
It is unlawful for any person having the care, custody or control
of a minor (under 18 years old) to permit such minor to discharge,
explode, fire or set off any "dangerous fireworks," at any time, or
to permit such minor to discharge or set off any safe and sane fireworks
unless such minor does so under the direct supervision of a person
over 18 years of age aware of and requiring safe and responsible procedures
and only during the hours and on the days permitted by this chapter.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
Wholesale storage of safe and sane fireworks by fireworks wholesalers licensed by the office of the California State Fire Marshal shall be subject to NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles, 2006 Edition. Subject to approval pursuant to Title 18 of the Merced County Code, year-round storage may be allowed in the county only if requested by a fireworks wholesaler licensed by the office of the California State Fire Marshal. Permission for storage will not be granted if the applicant has been in violation of the terms of this chapter during the five years preceding the application submittal date.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
The county fire chief and enforcement officers designated by
the county fire chief may seize, take, remove or cause to be removed,
at the expense of the permittee or licensed fireworks wholesaler,
whichever is applicable, all stock of fireworks offered or exposed
for sale, stored or held in violation of this chapter when such violation
creates an imminent threat to public health or safety. Discharge,
use, and ignition of fireworks within 50 feet of the location of the
fireworks stand, if allowed to continue by the permittee, or sales
by underage individuals, would constitute an imminent threat to public
safety. Seizure will include safe and sane fireworks as well as other
fireworks.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
Any person violating any of the provisions of this chapter,
other than those provisions that explicitly provide for a different
penalty, is guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine of not to exceed $1,000 for a first offense,
$2,000 for a second offense within one year, and $3,000 for a third
offense within one year, or by imprisonment in the County Jail for
not to exceed six months or by both such fine and imprisonment. Each
separate day or any portion thereof during which a violation occurs
or continues constitutes a separate offense and upon conviction thereof
shall be punishable as provided in this section.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
This chapter is not the exclusive regulation for fireworks within
the Merced County. It shall supplement and be in addition to the other
regulatory codes, statutes, regulations and ordinances heretofore
and hereinafter enacted by Merced County, the state of California
or any other legal entity or agency having jurisdiction.
This chapter shall not supersede more specific limitations on
fireworks or fire prevention requirements on weeds, fire hazards,
and combustible materials nor any conflicting provisions in applicable
building codes and the provisions of the California Health and Safety
Code, California Code of Regulations, and any applicable state or
local building codes.
(Ord. 1906 § 4, 2013; Ord. 1921 § 3, 2014)
Except as otherwise provided for below, the provisions of Sections 9.26.060, 9.26.070, 9.26.080 and 9.26.090 shall not apply to the annual fireworks stand operated on real property located at 46110 W. Valeria, Dos Palos (APN 091-060-007) by the Anderson Family so long as said firework stand continues to be operated in substantially the same manner as had been done so prior to annexation into Merced County. The continued operation of the stand will be dependent on the annual payment of the application fee called for in Section 9.26.060(B) and full compliance with the safety provisions of Section 9.26.090.
(Ord. 1921 § 3, 2014)
