The following words and phrases, as used in this chapter, are
defined as follows:
"Applicant"
means a nonprofit organization that applies for a fireworks
sales permit as provided in this chapter.
"City Manager"
means the City Manager of the City of Stockton and/or designee
or designees.
"Dangerous fireworks"
mean: (1) dangerous fireworks as set forth in California
State Fireworks Law (Sections 12505 and 12561 of the Health and Safety
Code and the relevant sections of Title 19,
Code of Regulations, Subchapter
6), as hereinafter may be amended from time to time, which are hereby
incorporated by reference; or (2) safe and sane fireworks, as defined
below, that have been modified in any respect from their original
design.
"Fire Chief"
means the Fire Chief of the City of Stockton or the Fire
Chief's designee.
"Nonprofit organization"
means:
1.
Any organization that: (a) has been created for charitable,
religious, philanthropic or educational purposes; (b) has obtained
tax exempt status from the Internal Revenue Service or the State Franchise
Tax Board; (c) has had a Stockton zip code mailing address for more
than 12 consecutive months immediately prior to filing an application;
and (d) primarily serves City residents;
2.
Any organization that: (a) itself has not obtained tax exempt
status from the Internal Revenue Service or the State Franchise Tax
Board but is an integral part of a recognized national organization
that has obtained such tax exempt status; (b) has had a Stockton zip
code mailing address for more than 12 consecutive months immediately
prior to filing an application; and (c) primarily serves City residents;
3.
Any organization that: (a) has not obtained tax exempt status
from the Internal Revenue Service or the State Franchise Tax Board
but has been created for charitable, religious, philanthropic or educational
purposes and the net proceeds of such organization are committed to
the promotion of the objectives of the organization and not for private
gain; (b) has had a Stockton zip code mailing address for more than
12 consecutive months immediately prior to filing an application;
and (c) primarily serves City residents.
"Permittee"
means an applicant to which the City has issued a permit.
"Person"
means and includes any individual, firm, partnership, joint
venture, association, concern, corporation, state, trust, business
trust, receiver, syndicate, or any other group of combination acting
as a unit.
"Response costs"
means costs associated with law enforcement, fire, medical,
or other emergency personnel responding to, remaining at, and leaving
the scene where dangerous fireworks, or safe and sane fireworks at
a prohibited date, time, or location, were used or discharged, including,
but not limited to:
1.
Salaries and benefits of law enforcement, fire, medical, or
other emergency personnel;
3.
The cost of any medical treatment of injuries to any law enforcement,
fire, medical, or other emergency personnel;
4.
The cost of using any city equipment;
5.
The cost of repairing any damaged city equipment or property;
and
6.
Any other costs related to enforcement of this chapter.
"Social host"
means a person who either:
1.
Is in charge of a property, including, but not limited to, an
owner, tenant, landlord, or property manager; or
2.
Organizes, supervises, officiates, conducts, controls, or is
otherwise in charge of the activity on a property.
(Ord. 2012-02-28-1601 C.S. § 1; Ord. 2022-06-14-1202 C.S. § 2)
A. Subject
to this chapter, the State Fireworks Law, Sections 12500 through 12726
of the
Health and Safety Code of the State, and any regulations promulgated
thereunder, only safe and sane fireworks may be sold within the Stockton
City limits and only as follows:
June 28: Noon to 8:00 p.m.
June 29: 9:00 a.m. to 8:00 p.m.
June 30: 9:00 a.m. to 8:00 p.m.
July 1: 9:00 a.m. to 8:00 p.m.
July 2: 9:00 a.m. to 8:00 p.m.
July 3: 9:00 a.m. to 8:00 p.m.
July 4: 9:00 a.m. to 9:00 p.m.
B. Subject
to this chapter, the State Fireworks Law, Sections 12500 through 12726
of the
Health and Safety Code of the State, and any regulations promulgated
thereunder, no person shall discharge any safe and sane fireworks
within the Stockton City limits except as follows:
June 28: Noon to 11:00 p.m.
June 29: 9:00 a.m. to 11:00 p.m.
June 30: 9:00 a.m. to 11:00 p.m.
July 1: 9:00 a.m. to 11:00 p.m.
July 2: 9:00 a.m. to 11:00 p.m.
July 3: 9:00 a.m. to 11:00 p.m.
July 4: 9:00 a.m. to 11:00 p.m.
C. No person
shall discharge any safe and sane fireworks on public property nor
in or on a public street except in those areas approved in writing
by the Fire Chief.
D. No person
shall ignite, explode, project or use, nor permit the ignition, explosion,
projection or use, of any safe and sane fireworks:
1. Upon
or over the property of another person without that person's consent;
2. Within
10 feet of any residential dwelling or other structure used as a place
of habitation; or
3. Within
50 feet of any fireworks sales stand.
E. Except as provided in subsection
F of this section, no person under 18 years of age shall purchase, sell, possess, use or discharge safe and sane fireworks.
F. No person
having the care, custody or control of a person under 18 years of
age shall allow such person to possess, use or discharge:
1. Any
dangerous fireworks; or
2. Any
safe and sane fireworks unless such person under the age of 18 years
of age or older and otherwise in compliance with the other requirements
of this section.
G. No person
shall discharge or possess dangerous fireworks within the Stockton
City limits.
(Ord. 2012-02-28-1601 C.S. § 1; Ord. 2017-03-28-1502 C.S. § 2)
A. Except
as provided in this chapter, it is unlawful to offer for sale or sell
at retail safe and sane fireworks without having been issued a permit
for such sales.
B. The
City shall issue permits for the sale of safe and sane fireworks only
to nonprofit organizations, and such fireworks shall be sold only
at the fireworks sales stands, as more specifically set forth herein.
C. Except as provided in subsection
D below, if more than one nonprofit organization that meets the requirements of Section 8.92.010(E)(1), (2) or (3) is from or is affiliated with (e.g., is incorporated under the same charter, shares the same tax exempt identification number, shares the same or substantially the same officers, is an auxiliary of the other, etc.) a particular charitable, religious, philanthropic or educational organization or institution, intend to apply for a permit, only one such nonprofit organization, as determined by that charitable, religious, philanthropic or education organization or institution, may apply.
D. If a nonprofit organization meets the definition under Section 8.92.010(E)(1) or (2) and can demonstrate to the reasonable satisfaction of the Fire Chief that it is separate (by reason of its officers, members, purpose, etc.) from other nonprofit organizations that are applying from the same charitable, religious, philanthropic or educational organization, the provisions of subsection
C above shall not apply.
E. The
City shall issue permits by lottery. Each applicant shall have one
lot. The lottery shall take place at a time, place and manner determined
by the Fire Chief in accordance with administrative rules and procedures
adopted by the Fire Chief.
F. The
City shall issue no more than 30 permits annually.
G. An applicant
to whom the City intends to issue a permit may allow one or more other
applicants which qualified for the lottery to be a co-permittee on
the permit.
H. A nonprofit
organization, including a nonprofit organization that is a co-permittee,
may obtain a permit only two years in a row and any nonprofit organization,
including a nonprofit organization that is a co-permittee, that obtains
a permit two years in a row must wait one application cycle before
reapplying. A nonprofit organization cannot avoid this restriction
by changing its name.
I. Any
nonprofit organization that has had its permit suspended or revoked
within the prior three years shall be eligible to submit an application
only upon demonstrating to the Fire Chief's reasonable satisfaction
that suitable arrangements have been made to preclude future violations.
(Ord. 2012-02-28-1601 C.S. § 1)
A. All
applications must be complete and filed with the Fire Department between
the first business day in March and the last business day in March
of each year or as otherwise determined by the Fire Chief. All applications
shall be accompanied by a nonrefundable application fee in an amount
set by resolution of the City Council. Applications that are not complete
or filed late shall not be processed.
B. All
applications shall be made in writing on a form supplied by the City.
A completed application shall be accompanied by an assurance that,
if the applicant is issued a permit, the applicant shall, before receipt
of such permit, deliver to the City the following items and/or information:
1. Proper
identification and signature of the applicant;
2. The
proposed location of the fireworks sales stand;
3. The
dates and hours the applicant proposes to operate the stand;
4. A
detailed description of the fireworks proposed to be sold;
5. The
written consent of the owner of record and/or lessor in control of
the property upon which the proposed fireworks sales stand will be
located;
6. The
fireworks distributor's business name, address, telephone number,
and person that is the point of contact;
7. Proof
of a temporary sales tax permit from the State Board of Equalization
or proof of application to the State Board of Equalization;
8. Proof
of insurance to include $1,000,000.00 dollars public liability, property
damage, and product liability coverage with riders attached to the
policies designating the City as an additional insured;
9. Proof
of a State Fire Marshal Retail Fireworks License; and
10. Such other information and documentation that the Fire Chief in his
or her reasonable discretion may require.
(Ord. 2012-02-28-1601 C.S. § 1)
A. The
Fire Chief shall notify all applicants 30 days after the final permit
application deadline whether its application has been accepted or
rejected.
B. Any
applicant may appeal the Fire Chief's decision to the City Manager
by filing a written appeal within five calendar days of the Fire Chief's
decision. The City Manager will hear the appeal as soon as possible
with the goal to have all appeals heard and decided by May 10th of
each year. The City Manager shall affirm, modify or reverse the Fire
Chief's decision. The City Manager's decision shall be final.
C. The
Fire Chief shall conduct a lottery for those applicants whose applicants
have been accepted on or about May 10th of each year, or when all
appeals have been decided, whichever is later. Those applicants selected
in the lottery are eligible to obtain a permit.
D. The
Fire Chief shall notify all applicants regarding the results of the
lottery, the names of the applicants who are eligible to receive a
permit, and the names of the alternates who are eligible to receive
a permit.
E. Those applicants that are eligible to receive a permit will have until June 3rd to submit their documents and information required in subsection
C of Section
8.92.030. If any applicant fails to submit its documents and information by the deadline, the Fire Chief shall notify the requisite number of alternates that they have until a date certain to submit their documents and information as required by subsection
C of Section
8.92.030.
F. All applicants that are eligible to receive permits shall, prior to issuance of the permit, pay a permit fee, a refundable cash deposit (or other security in a form acceptable to the City), and a regulatory fee in amounts set by resolution of the City Council. The permit fee is intended to cover the cost of the first inspection of the fireworks stand. Any necessary subsequent inspections shall be subject to a reinspection fee in an amount as set by resolution of the City Council. The refundable cash deposit shall be held by the City to cover the cost of removal of the fireworks sales stand, in accordance with subsection
M of Section
8.92.070. The regulatory fee is to cover the cost of enforcement of this chapter.
G. Each
applicant that has been granted a permit is required to attend an
operator safety seminar administered by the City Fire Department to
obtain a Safe Operator Training Card, valid for two years. Three separate
seminars will be held on different nights with 70 seats available
per night. Each applicant shall have no less than two members and
may have up to seven members of its sales staff attend one of the
three nights; additional members may attend should some applicants
have fewer than seven attend, subject to the 70 per night limit. The
City Fire Department is prepared to train 210 participants each year.
(Ord. 2012-02-28-1601 C.S. § 1; Ord. 2020-01-28-1108 C.S. § 2)
A. The
Fire Chief may suspend immediately and without notice or hearing a
permit when the Fire Chief determines a permittee has violated any
rule, regulation or ordinance while operating or preparing to operate
a fireworks sales stand during or immediately preceding any period
of sale. If the Fire Chief determines after the period of sale that
a violation occurred during, immediately preceding, or immediately
following the authorized period of sale, the Fire Chief may prohibit
the permittee from applying for a permit in the future.
B. Any
decision of the Fire Chief made pursuant to this section shall be
subject to appeal to the City Manager. When the decision being appealed
affects the current sales period, such appeal shall be conducted at
the earliest possible time that the permittee, the City Manager and
the Fire Chief can schedule the appeal. For decisions that do not
affect the current sales period the appeal shall be filed within 10
days of the decision and shall be conducted within 10 business days
after the appeal has been filed. The City Manager may set aside, modify
or reverse the decision. The decision of the City Manager shall be
final.
(Ord. 2012-02-28-1601 C.S. § 1)
A. It is
unlawful for a permittee to allow any person other than the permitted
applicant, to operate the fireworks sales stand for which a permit
has been issued, or to share in the proceeds of the sales.
B. It is
unlawful for the permittee to allow any person other than individuals
who are members of the permitted applicant and at least 18 years old,
or the spouses or children of such members who are at least 18 years
old, to sell, be within the fireworks sales stand or otherwise participate
in the sale of fireworks.
C. It is
unlawful for the permittee to pay any consideration to any person
for selling or otherwise participating in the sale of fireworks.
D. During the time fireworks are sold, each sales stand must have an adult present satisfying the requirements of subsection
B above and satisfying the requirements of subsection
G below.
E. No person
may sleep in or remain in the sales stand after close of business.
F. All
unsold fireworks must be securely stored at a designated central storage
location, approved by the Fire Chief, during nonsale periods.
G. Each sales stand must have present at all times during the sales period at least one person who attended the Fire Department's operator safety seminar as required by Section
8.92.040(G).
H. The sale of fireworks shall conform to restrictions of Section
8.92.015.
I. All
unsold fireworks and any litter shall be removed from the sales location
by 10:00 p.m. on July 4th.
J. Permittees
shall require all persons who appear to be under the age of 30 to
provide proof of age and shall make no sales of fireworks to persons
younger than 18.
K. The City's permit to sell fireworks and the temporary sales tax permit required by Section
8.92.080 of this chapter shall be displayed in a prominent place in the sales stand.
L. The
permittee shall display a poster measuring 18 inches by 32 inches
notifying purchasers of applicable restrictions established by this
chapter. The City shall provide such posters that shall be returned
to the City after the sales period.
(Ord. 2012-02-28-1601 C.S. § 1)
All retail sales of safe and sane fireworks shall be made only
from within a temporary fireworks sales stand, and sales from any
other building or structure is hereby prohibited. Fireworks sales
stands are subject to the following requirements:
A. Fireworks
wholesaler must provide site plans for locations secured by April
30th of each year identifying exact location of stands. Site plans
for all locations secured after April 30th of each year must be provided
on or before May 30th. Fireworks sales stands shall be put in place
by the permittee no earlier than 8:00 a.m. on June 23rd of each year.
B. No fireworks
sales stand shall be located within 25 feet of any other building
or structure within five feet of any curb line, or within 100 feet
of any gasoline pump.
C. No fireworks
stand shall be located within 100 feet of any building used as a school,
day care, hospital, place of detention, public garage or place of
assembly that can accommodate 300 or more occupants.
D. A minimum
of 20 feet of separation shall be provided between the fireworks sales
stand and any parked vehicle that is not under the immediate control
of the permittee.
E. No weeds
or other combustible materials are permitted within 25 feet of the
fireworks sales stand.
F. The
locations of all fireworks sales stands shall be approved by the Fire
Chief.
G. Within
all fireworks sales stands the electrical wiring shall be in conduits
and breaker boxes shall consist of GFI breakers.
H. All
fireworks sales stands shall be built in accordance with the safety
requirements of the City prior to opening for business and shall be
maintained in accordance with such safety requirements during the
sales period.
I. No generators
shall be allowed within 25 feet of any fireworks sales stand.
J. Smoking
and the consumption of alcoholic beverages shall not be allowed within
50 feet of any fireworks sales stand and "No Smoking" signs shall
be displayed on and in the fireworks sales stand.
K. Permittees
shall place no signs in the public right-of-way.
L. Each
fireworks sales stand shall be provided with two, two and one-half
(2 1/2) gallon pressurized water type fire extinguishers, or two 2A10BC
dry chemical/powder type fire extinguishers, in good working order,
and easily accessible for use in case of fire.
M. The fireworks sales stand shall be removed from its location and the site cleaned by 12:00 p.m. on July 7th. If the permittee does not remove the stand and/or clean the site as required by this section, the City may do so, or cause the same to be done, and the reasonable cost thereof shall be charged to the permittee or deducted from the permittee's security deposit. In addition, any permittee found to be in violation of this section shall be subject to an administrative penalty imposed under Section
8.92.090.
(Ord. 2012-02-28-1601 C.S. § 1; Ord. 2020-01-28-1108 C.S. § 3)
Each permittee must obtain a temporary sales tax permit from
the State Board of Equalization.
(Ord. 2012-02-28-1601 C.S. § 1)
A. In addition
to any other remedy available at law, any person who violates any
provision of this chapter is subject to an administrative penalty
in an amount as provided below:
1. $1,000.00
for a first violation;
2. $2,000.00
for a second violation within one year of a previous violation; and
3. $3,000.00
for each additional violation within one year of two or more previous
violations.
B. Any
person who ignites, uses, discharges, or displays any dangerous firework
or safe and sane firework in violation of 8.92.015 shall be liable
for the response costs relating to the violation. The amount of response
costs constitutes a debt owed to the City. All persons, including
strictly liable social hosts and those with the care, custody or control
of offending minors, who violate this chapter in the same incident
are jointly and severally liable for response costs.
C. This chapter may be enforced by the officials provided in Section
1.24.020.
D. Violations
of this chapter may be served by first-class or certified mail.
E. Payment
for violations of this chapter shall be remitted to the City within
30 calendar days of the date of the notice. Payment of any such costs
may be stayed upon the filing of a timely appeal.
F. A person charged under this chapter may, within 10 calendar days of the date of the notice, appeal in accordance with Chapter
1.44 of this code. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or appeal of the violation.
G. Violations
of this chapter are hereby declared to be a public nuisance.
H. All
remedies prescribed under this chapter are cumulative and the election
of one or more remedies does not bar the City from the pursuit of
any other remedy to enforce this chapter.
(Ord. 2012-02-28-1601 C.S. § 1; Ord. 2017-03-28-1502 § 3; Ord. 2022-06-14-1202 C.S. § 3)
On or before September 1st each permittee shall submit to the
Fire Chief a financial statement by the treasurer or financial officer
of the permittee setting forth the total gross receipts from the sales
of fireworks; all expenses incurred and paid in connection with the
purchase and sale of fireworks; to whom and for what purpose the net
proceeds of the fireworks sales were or will be disbursed; and a report
filed by the permittee with the State Board of Equalization that reflects
the sales of the fireworks. Any permittee that files the written financial
statement and/or the State Board of Equalization report after September
1st shall not be eligible to submit an application for the following
year and will not be eligible to submit an application for any year
after that until the statement and the report have been filed.
(Ord. 2012-02-28-1601 C.S. § 1)
This chapter is not the exclusive regulation for fireworks within
the City of Stockton. It shall supplement and be in addition to the
other codes, statutes, regulations and ordinances heretofore and hereinafter
enacted by the City of Stockton, the State of California or any other
entity or agency having jurisdiction.
(Ord. 2012-02-28-1601 C.S. § 1)
The provisions of this chapter are supplementary to the provisions
of the Fire Code of the City of Stockton. In case of direct conflict
between the provisions of the Fire Code of the City, and the provisions
of this chapter, the provisions of this chapter shall prevail. Except
with respect to such direct conflict, the provisions of the Fire Code
of the City of Stockton shall remain in full force and effect.
(Ord. 2012-02-28-1601 C.S. § 1)
The Fire Chief may promulgate administrative regulations and
procedures necessary to implement this chapter, including rules and
procedures governing the submissions of applications, inspections
and operation of fireworks sales stands and such other regulations
as may be necessary for the protection of life and property. Administrative
regulations and procedures shall be in writing and shall be approved
by the City Attorney.
(Ord. 2012-02-28-1601 C.S. § 1)
A. Ignition, Use, Discharge, or Display by Minors. Any person having the care, custody, or control of a person under 18 years of age shall be strictly liable for any unlawful ignition, use, discharge, or display of dangerous fireworks or safe and sane fireworks in violation of Section
8.92.015. Nothing in this subsection shall limit the liability of any social host for a violation of this chapter.
B. Social Host Liability. Any social host shall be strictly liable for any unlawful ignition, use, discharge, or display of any dangerous fireworks or safe and sane fireworks in violation of Section
8.92.015 at their property or gathering; except that:
1. No person who has the right to use, possess or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this subsection for violations of Section
8.92.015 occurring in the common areas of the property.
2. No
social host shall be liable under this subsection who initiates contact
with law enforcement or fire officials to assist in removing any person
from the property or terminating the activity in order to comply with
this chapter, if the request for assistance is made before the arrival
of law enforcement or fire officials to the property and before any
other person contacts law enforcement or fire officials to complain
about the violation of this chapter.
3. No owner of private property shall be liable under this subsection for a violation of Section
8.92.015 on that property if that owner can demonstrate that at the time of such violation they:
a. Rented or leased the property to another;
c. Had no prior knowledge of the violation.
C. Violations
in the Right-of-Way. No social host shall aid or abet another person's
violation of a provision of this chapter in a public right-of-way
adjacent to the social host's property. A social host aids and abets
another person's violation of a provision of this chapter if he or
she knows of the other person's unlawful purpose and the social host
specifically intends to, and does in fact, aid, facilitate, promote,
encourage, or instigate the other person's commission of that violation.
(Ord. 2022-06-14-1202 C.S. § 4)
The City Manager may establish a special fund consisting of
penalties collected from violations of this chapter to pay rewards
in the amount of no more than $250.00 to individuals providing information
leading to the identification of, and successful criminal or civil
action against, any person violating this chapter. The City Manager
may create rules concerning administration of the fund and eligibility
for rewards.
(Ord. 2022-06-14-1202 C.S. § 5)