This chapter shall be known as the West Sacramento Fireworks Code, and may be cited as such, and will be referred to herein as the "fireworks code."
(Ord. 11-2 § 2)
The fireworks code shall be enforced by the fire and police departments of the city of West Sacramento.
(Ord. 11-2 § 2)
The following words and phrases, as used in this chapter, are defined as follows:
"Affiliated organizations"
means one of the following:
1. 
Organizations incorporated under the same charter or organization and their auxiliaries if the auxiliary is incorporated under the same charter.
2. 
Organizations sharing the same officers and/or place of meetings and/or national parent organization.
3. 
Subdivisions and/or fractional divisions however named or delineated of organizations.
"City manager"
means the city manager of the city of West Sacramento or designee.
"Fire code official"
means the chief of the West Sacramento fire department or designee.
"Fireworks stand"
means any building, counter, or other structure of a temporary nature used in the sale, offering for sale, or display for sale of California State Fire Marshal approved safe and sane fireworks.
"Nonprofit organization"
means: (1) any nonprofit association, charity or corporation organized pursuant to the Internal Revenue Code or California Revenue and Taxation Code; or (2) a group which is an integral part of a recognized national organization having such tax-exempt status; or (3) an organization affiliated with and officially recognized by: (a) an elementary school, middle school, and/or high school and/or school district that serves, in whole or in part, the residents of the city of West Sacramento, or (b) a public and/or private community college, college and/or university which is located within the boundaries of the city of West Sacramento.
"Police enforcement official"
means the chief of the West Sacramento police department or designee.
"Principal and permanent meeting place"
includes a permanent structure, playing field, geographic area or service population which resides in or is located within the city of West Sacramento.
"Qualified applicant"
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 fireworks required by this chapter and which continues to meet the criteria for the duration of any permit to sell fireworks issued by the city of West Sacramento pursuant to this chapter:
1. 
The organization shall be a nonprofit organization as defined by this chapter.
2. 
The organization must have its principal and permanent meeting place within the city.
3. 
The organization must have a demonstrated benefit or provide a service to the citizens of West Sacramento.
4. 
The organization must have a minimum bona fide membership of at least twenty members who either reside in the city or are owners or operators of a business or other establishment located in the city or attest that the otherwise qualified organization will have a minimum of twenty volunteers that reside in West Sacramento to staff a fireworks booth. The organization shall provide documentation demonstrating the minimum bona fide membership to the satisfaction of the city manager consistent with administrative regulations adopted pursuant to Section 8.12.180 of the city of West Sacramento Municipal Code.
5. 
The organization must not have been found by any court of competent jurisdiction or city administrative hearing officer to be in violation of any civil or criminal local, state or federal law within twenty-four calendar months prior to the organization's submittal of an application for a permit to sell fireworks.
6. 
The organization must not have had a permit to sell fireworks revoked within twenty-four months prior to the organization's submittal of an application for a permit to sell fireworks.
7. 
The organization must have evidence of a valid license to perform the acts indicated on the application consistent with state law.
"Safe and sane fireworks"
mean those fireworks approved and labeled by the California State Fire Marshal as "safe and sane" consistent with Health and Safety Code Sections 12529 and 12562.
(Ord. 11-2 § 2)
Except as otherwise provided in this chapter, no person shall possess, manufacture, 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 the city of West Sacramento.
(Ord. 11-2 § 2)
Public displays of fireworks may be given under permit issued by the fire code official consistent with state law where such displays will take place under the direction and supervision of a state of California licensed pyrotechnic operator.
(Ord. 11-2 § 2)
Any person, firm, organization or corporation applying for a public display or sales permit shall furnish to the fire code official proof of coverage by a policy of public liability and property damage insurance. The policy shall provide limits of bodily injury and property damage liability of not less than five million dollars combined single limits for each occurrence annually for payments of damages to persons or property which may result from or be caused by fireworks, or any negligence on the part of the licensee or his/her/its agents, servants, employees and/or subcontractors.
Such policies shall contain a provision which includes the city as an additional insured and declares said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Such policies shall also contain a provision requiring that the city receive written notice ten days prior to cancellation of such insurance. Such written notice shall be mailed via first class mail to the city clerk of the city of West Sacramento.
(Ord. 11-2 § 2)
It shall not be unlawful to possess, use, display or discharge, within the city, those fireworks that are defined and classified as safe and sane fireworks authorized and labeled by the California State Fire Marshal during the period of twelve noon on the 28th of June through twelve noon on the 6th of July of the same calendar year. Any person in violation of this section with amounts up to but not exceeding twenty-five pounds shall be cited for an infraction.
(Ord. 11-2 § 2)
The sale of safe and sane fireworks authorized and labeled by the California State Fire Marshal, within the city, shall be permitted only between twelve noon and ten p.m. on the 28th of June of each year and nine a.m. through ten p.m. on June 29th through the 4th of July of the same calendar year.
(Ord. 11-2 § 2)
A. 
It shall be unlawful for any person to sell safe and sane fireworks within the city without having first applied for and received a permit therefor, from the city.
B. 
The maximum number of permits which will be issued to qualified applicants pursuant to this chapter during any one calendar year shall be established by resolution of the city council.
C. 
Permits for the sale of safe and sane fireworks shall be issued only to qualified applicants.
D. 
No nonprofit organization or any of its affiliated organizations may receive more than one permit for fireworks sales during any one calendar year.
E. 
No nonprofit organization or any of its affiliated organizations may be awarded a permit for more than two consecutive calendar years.
F. 
Submission of applications by nonprofit organizations:
1. 
No nonprofit organization shall submit more than one application for a permit to sell fireworks within the city.
2. 
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 city manager in the event the city manager determines that such application was submitted due to an honest mistake.
3. 
If an organization is affiliated with a recognized educational institution as defined in Section 8.12.030, but maintains a separate tax exempt status with the Internal Revenue Service or the California Franchise Tax Board, said nonprofit organization shall be allowed a separate application.
G. 
All applications for permits to sell fireworks shall be submitted in writing to the city clerk on forms supplied by the city. Applications to sell fireworks will be reviewed by the police enforcement official and fire code official pursuant to Section 8.12.100. Permits to sell fireworks within the city shall be issued by the fire code official.
H. 
All applications shall be filed at a time so designated by resolution.
I. 
All applications shall be accompanied by written assurance that, if the permit is issued to the applicant, the applicant shall, at the time of receipt of such of permit, deliver to the city a certificate and endorsement evidencing insurance in the same manner as provided in Section 8.12.060.
J. 
Drawings for permits will occur at a time and place so designated by resolution.
K. 
Every application for a permit shall be accompanied by a nonrefundable application fee established by resolution. This application fee shall be in addition to any fee imposed by this chapter.
L. 
Every approved application for a permit to sell fireworks in the city shall pay a firework sales permit fee established by resolution prior to issuance of a permit to sell fireworks.
M. 
Each year, one or more representatives from each organization that is granted a permit to sell fireworks shall attend a fireworks stand operator safety seminar. The seminar shall be conducted by the fireworks wholesaler and approved by the fire code official. Failure of an organization to have a responsible individual attend the seminar shall result in the revocation of the permit to sell fireworks.
(Ord. 11-2 § 2)
A. 
After conducting an investigation and preparing a report consistent with Health and Safety Code Section 12640 et seq., the fire code official shall issue a permit to a qualified applicant to sell safe and sane fireworks unless:
1. 
The fire code official finds, in writing, that the applicant has failed to provide sufficient plans, information or other data necessary to permit a determination respecting compliance with the requirements of this chapter.
2. 
The fire code official finds, in writing, that the applicant is not in compliance with any of the requirements of this chapter.
B. 
Any denial of a permit application or revocation of a permit to sell fireworks issued pursuant to the fireworks code may be appealed to the city council consistent with Health and Safety Code Section 12647 pursuant to the procedures set forth in Chapter 1.08 of the city of West Sacramento Municipal Code.
(Ord. 11-2 § 2)
All retail sales of "safe and sane fireworks" shall be conducted only from within a temporary fireworks stand, and the retail sales from any other building or structure is hereby prohibited.
(Ord. 11-2 § 2)
A. 
Each fireworks stand must post the following in a prominent place inside the fireworks stand:
1. 
City permit to sell fireworks.
2. 
California State Board of Equalization temporary sales tax permit.
3. 
California State Fire Marshal retail sales permit.
4. 
Proof of insurance.
B. 
Fireworks stands shall not be located closer than six hundred feet apart, unless separated by a major arterial roadway.
C. 
No fireworks shall be located within twenty-five feet of any other building or structure.
D. 
No fireworks shall be located within one hundred feet of a location where gasoline or any other flammable liquids are stored or dispensed.
E. 
Electrical wiring within the fireworks stand shall be prohibited.
F. 
All fireworks stands shall be inspected and approved by the fire code official prior to the sale of any fireworks.
G. 
All weeds and combustible material shall be cleared from the location of the fireworks stand, including a distance of at least twenty-five feet surrounding the stand.
H. 
No fireworks stand shall have a floor area in excess of five hundred square feet or a length greater the fifty feet.
I. 
Each fireworks stand shall have at least two exits. Each fireworks stand in excess of forty feet in length shall have at least three exits spaced approximately equidistant apart; provided however, that in no case shall the distance between exits exceed feet. Exit doors shall be not less than twenty-four inches wide and six feet in height and swing in the direction of exit travel.
J. 
"NO SMOKING" signs shall be prominently displayed on the fireworks stand. Smoking is prohibited within fifty feet of the fireworks stand.
K. 
Each fireworks stand shall be provided with two, two and one-half gallon pressurized water type fire extinguishers in good working order which are easily accessible in case of fire.
L. 
Each fireworks stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale or dispensing of fireworks.
M. 
No person may sleep in or remain in the fireworks stand after close of business.
N. 
When the fireworks stand is not being used for the sale and/or display of fireworks, all fireworks shall be stored in a manner consistent with one of the following:
1. 
Within a reinforced, heavy metal, fully-enclosed container, walk-in type drop box, or its equivalent, as approved by the fire code official.
2. 
Returned daily to the licensed fireworks wholesaler for storage at an approved location.
O. 
No fuel-powered generator or similar equipment shall be allowed within fifty feet of a fireworks stand.
(Ord. 11-2 § 2)
A. 
No person shall knowingly sell fireworks to any person under the age of eighteen.
B. 
No person other than the individuals who are members of the permittee organization or the parents of members of the permittee shall operate the fireworks stand or otherwise participate in the sale inside such fireworks stand.
C. 
No person under the age of eighteen shall sell or participate in the sale of fireworks within such fireworks stand.
D. 
There shall be no drinking or possession of alcoholic beverages in or about the fireworks 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 fireworks" at such fireworks 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 fireworks stand on its property.
F. 
All fireworks shall be retained at the approved location. In no event shall unsold fireworks be removed from the approved location to any other place without written approval of the fire code official.
G. 
All unsold stocks of fireworks in the hands of the permittee after ten p.m. on the 4th day of July shall be returned to the distributor or wholesaler by twelve p.m. on July 6th of the same calendar year.
H. 
On closing of the "safe and sane fireworks" stand, all litter shall be removed from the premises.
I. 
Fireworks stands shall be removed from their temporary locations by twelve noon on July 10th of each calendar year.
(Ord. 11-2 § 2)
The fire code official or police enforcement official may revoke the permit of any permittee who violates any provision of this chapter. Such revocation may be appealed pursuant to Section 8.12.100.
(Ord. 11-2 § 2)
A. 
Except as provided in subsection B of this section, it is unlawful for individuals under eighteen years of age to sell, purchase, possess, use or discharge fireworks.
B. 
It is unlawful for any person having the care, custody or control of a minor (under eighteen 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 eighteen years of age and during the hours and on the days permitted by this chapter.
(Ord. 11-2 § 2)
The fire code official or police enforcement official, 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.
(Ord. 11-2 § 2)
Each fireworks distributor/wholesaler who is supplying one or more of the West Sacramento nonprofit organizations who are permittees under this chapter, shall annually submit a public education plan to the city no later than five pm on June 1st. Said public education plan should outline the public safety and education efforts for that year that have been initiated, supported and/or delivered by each fireworks distributor/wholesaler within the city.
(Ord. 11-2 § 2)
The city manager is authorized to promulgate administrative regulations and procedures necessary for the successful and effective implementation of this chapter including rules and procedures governing the submission and random selection of applications to sell safe and sane fireworks.
(Ord. 11-2 § 2)